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NORTH CAROLINA REGISTER Volume 18, Issue 15 Pages 1218 - 1372 February 2, 2004 This issue contains documents officially filed through January 9, 2004. Office of Administrative Hearings Rules Division 424 North Blount Street (27601) 6714 Mail Service Center Raleigh, NC 27699-6714 (919) 733-2678 FAX (919) 733-3462 Julian Mann III, Director Camille Winston, Deputy Director Molly Masich, Director of APA Services Ruby Creech, Publications Coordinator Julie Brincefield, Editorial Assistant Linda Dupree, Editorial Assistant Dana Sholes, Editorial Assistant IN THIS ISSUE I. IN ADDITION Voting Rights Letter.......................................................1218 II. PROPOSED RULES Commerce Cemetery Commission ..............................................1219 Justice Private Protective Services Board ...........................1219 - 1221 Licensing Boards Funeral Services, Board of........................................1262 - 1268 Massage and Bodywork Therapy, Board of...........1221 - 1249 Medical Board .............................................................1249 - 1262 Nursing, Board of.......................................................1268 - 1276 III. APPROVED RULES ...................................................1277 - 1342 Administration State Construction Office Environment and Natural Resources Environmental Management Health Services Health and Human Services Children’s Services Medical Care Commission Labor Elevator and Amusement Device Division Wage and Hour Licensing Boards Chiropractic Examiners, Board of Dental Examiners, Board of Nursing, Board of Plumbing, Heating & Fire Sprinkler Contractors State Personnel State Personnel Commission Transportation Highways, Division of Treasurer Local Government Commission IV. RULES REVIEW COMMISSION..........................1343 - 1346 V. CONTESTED CASE DECISIONS Index to ALJ Decisions.................................................1347 - 1352 Text of Selected Decisions 02 DHR 2212 ..............................................................1353 - 1355 02 INS 1306.................................................................1356 - 1361 03 DHR 0567 ..............................................................1362 - 1365 03 DOJ 1925................................................................1366 - 1369 03 EHR 1125...............................................................1370 - 1372 For the CUMULATIVE INDEX to the NC Register go to: http://oahnt.oah.state.nc.us/register/CI.pdf North Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC 27601. North Carolina Register (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to the North Carolina Register, 6714 Mail Service Center, Raleigh, NC 27699-6714. NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM The North Carolina Administrative Code (NCAC) has four major classifications of rules. Three of these, titles, chapters, and sections are mandatory. The major classification of the NCAC is the title. Each major department in the North Carolina executive branch of government has been assigned a title number. Titles are further broken down into chapters which shall be numerical in order. Subchapters are optional classifications to be used by agencies when appropriate. NCAC TITLES TITLE 21 LICENSING BOARDS TITLE 24 INDEPENDENT AGENCIES 1 ADMINISTRATION 2 AGRICULTURE & CONSUMER SERVICES 3 AUDITOR 4 COMMERCE 5 CORRECTION 6 COUNCIL OF STATE 7 CULTURAL RESOURCES 8 ELECTIONS 9 GOVERNOR 10A HEALTH AND HUMAN SERVICES 11 INSURANCE 12 JUSTICE 13 LABOR 14A CRIME CONTROL & PUBLIC SAFETY 15A ENVIRONMENT &NATURAL RESOURCES 16 PUBLIC EDUCATION 17 REVENUE 18 SECRETARY OF STATE 19A TRANSPORTATION 20 TREASURER 21* OCCUPATIONAL LICENSING BOARDS 22 ADMINISTRATIVE PROCEDURES (REPEALED) 23 COMMUNITY COLLEGES 24* INDEPENDENT AGENCIES 25 STATE PERSONNEL 26 ADMINISTRATIVE HEARINGS 27 NC STATE BAR 28 JUVENILE JUSTICE AND DELINQUENCY PREVENTION 1 Acupuncture 2 Architecture 3 Athletic Trainer Examiners 4 Auctioneers 6 Barber Examiners 8 Certified Public Accountant Examiners 10 Chiropractic Examiners 11 Employee Assistance Professionals 12 General Contractors 14 Cosmetic Art Examiners 16 Dental Examiners 17 Dietetics/Nutrition 18 Electrical Contractors 19 Electrolysis 20 Foresters 21 Geologists 22 Hearing Aid Dealers and Fitters 25 Interpreter/Transliterator (Reserved) 26 Landscape Architects 28 Landscape Contractors 29 Locksmith Licensing Board 30 Massage & Bodywork Therapy 31 Marital and Family Therapy 32 Medical Examiners 33 Midwifery Joint Committee 34 Funeral Service, Board of 36 Nursing 37 Nursing Home Administrators 38 Occupational Therapists 40 Opticians 42 Optometry 44 Osteopathic Examination (Repealed) 45 Pastoral Counselors, Fee-Based Practicing 46 Pharmacy 48 Physical Therapy Examiners 50 Plumbing, Heating & Fire Sprinkler Contractors 52 Podiatry Examiners 53 Professional Counselors 54 Psychology Board 56 Professional Engineers & Land Surveyors 57 Real Estate Appraisal Board 58 Real Estate Commission 60 Refrigeration Examiners 61 Respiratory Care Board 62 Sanitarian Examiners 63 Social Work Certification 64 Speech & Language Pathologists & Audiologists 65 Therapeutic Recreation Certification 66 Veterinary Medical Board 68 Substance Abuse Professionals 69 Soil Scientists 1 Housing Finance 2 Agricultural Finance Authority 3 Safety & Health Review Board 4 Reserved 5 State Health Plan Purchasing Alliance Board Note: Title 21 contains the chapters of the various occupational licensing boards and Title 24 contains the chapters of independent agencies. NORTH CAROLINA REGISTER Publication Schedule for January 2004 – December 2004 FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY RULES Volume & issue number Issue date Last day for filing Earliest date for public hearing End of required comment period Deadline to submit to RRC for review at next meeting Earliest Eff. Date of Permanent Rule Delayed Eff. Date of Permanent Rule (first legislative day of the next regular session) 270th day from publication in the Register 18:13 01/02/04 12/08/03 01/17/04 03/02/04 03/22/04 05/01/04 05/10/04 09/28/04 18:14 01/15/04 12/19/03 01/30/04 03/15/04 03/22/04 05/01/04 05/10/04 10/11/04 18:15 02/02/04 01/09/04 02/17/04 04/02/04 04/20/04 06/01/04 01/26/05 10/29/04 18:16 02/16/04 01/26/04 03/02/04 04/16/04 04/20/04 06/01/04 01/26/05 11/12/04 18:17 03/01/04 02/09/04 03/16/04 04/30/04 05/20/04 07/01/04 01/26/05 11/26/04 18:18 03/15/04 02/23/04 03/30/04 05/14/04 05/20/04 07/01/04 01/26/05 12/10/04 18:19 04/01/04 03/11/04 04/16/04 06/01/04 06/21/04 08/01/04 01/26/05 12/27/04 18:20 04/15/04 03/24/04 04/30/04 06/14/04 06/21/04 08/01/04 01/26/05 01/10/05 18:21 05/03/04 04/12/04 05/18/04 07/02/04 07/20/04 09/01/04 01/26/05 01/28/05 18:22 05/17/04 04/26/04 06/01/04 07/16/04 07/20/04 09/01/04 01/26/05 02/11/05 18:23 06/01/04 05/10/04 06/16/04 08/02/04 08/20/04 10/01/04 01/26/05 02/26/05 18:24 06/15/04 05/24/04 06/30/04 08/16/04 08/20/04 10/01/04 01/26/05 03/12/05 19:01 07/01/04 06/10/04 07/16/04 08/30/04 09/20/04 11/01/04 01/26/05 03/28/05 19:02 07/15/04 06/23/04 07/30/04 09/13/04 09/20/04 11/01/04 01/26/05 04/11/05 19:03 08/02/04 07/12/04 08/17/04 10/01/04 10/20/04 12/01/04 01/26/05 04/29/05 19:04 08/16/04 07/26/04 08/31/04 10/15/04 10/20/04 12/01/04 01/26/05 05/13/05 19:05 09/01/04 08/11/04 09/16/04 11/01/04 11/22/04 01/01/05 01/26/05 05/29/05 19:06 09/15/04 08/24/04 09/30/04 11/15/04 11/22/04 01/01/05 01/26/05 06/12/05 19:07 10/01/04 09/10/24 10/16/04 11/30/04 12/20/04 02/01/05 05/00/06 06/28/05 19:08 10/15/04 09/24/04 10/30/04 12/14/04 12/20/04 02/01/05 05/00/06 07/12/05 19:09 11/01/04 10/11/04 11/16/04 12/31/04 01/20/05 03/01/05 05/00/06 07/29/05 19:10 11/15/04 10/22//04 11/30/04 01/14/05 01/20/05 03/01/05 05/00/06 08/12/05 19:11 12/01/04 11/05/04 12/16/04 01/31/05 02/21/05 04/01/05 05/00/06 08/28/05 19:12 12/15/04 11/22/04 12/30/04 02/14/05 02/21/05 04/01/05 05/00/06 09/11/05 EXPLANATION OF THE PUBLICATION SCHEDULE This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling. Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6. GENERAL The North Carolina Register shall be published twice a month and contains the following information submitted for publication by a state agency: (1) temporary rules; (2) notices of rule-making proceedings; (3) text of proposed rules; (4) text of permanent rules approved by the Rules Review Commission; (5) notices of receipt of a petition for municipal incorporation, as required by G.S. 120-165; (6) Executive Orders of the Governor; (7) final decision letters from the U.S. Attorney General concerning changes in laws affecting voting in a jurisdiction subject of Section 5 of the Voting Rights Act of 1965, as required by G.S. 120-30.9H; (8) orders of the Tax Review Board issued under G.S. 105-241.2; and (9) other information the Codifier of Rules determines to be helpful to the public. COMPUTING TIME: In computing time in the schedule, the day of publication of the North Carolina Register is not included. The last day of the period so computed is included, unless it is a Saturday, Sunday, or State holiday, in which event the period runs until the preceding day which is not a Saturday, Sunday, or State holiday. FILING DEADLINES ISSUE DATE: The Register is published on the first and fifteen of each month if the first or fifteenth of the month is not a Saturday, Sunday, or State holiday for employees mandated by the State Personnel Commission. If the first or fifteenth of any month is a Saturday, Sunday, or a holiday for State employees, the North Carolina Register issue for that day will be published on the day of that month after the first or fifteenth that is not a Saturday, Sunday, or holiday for State employees. LAST DAY FOR FILING: The last day for filing for any issue is 15 days before the issue date excluding Saturdays, Sundays, and holidays for State employees. NOTICE OF TEXT EARLIEST DATE FOR PUBLIC HEARING: The hearing date shall be at least 15 days after the date a notice of the hearing is published. END OF REQUIRED COMMENT PERIOD An agency shall accept comments on the text of a proposed rule for at least 60 days after the text is published or until the date of any public hearings held on the proposed rule, whichever is longer. DEADLINE TO SUBMIT TO THE RULES REVIEW COMMISSION: The Commission shall review a rule submitted to it on or before the twentieth of a month by the last day of the next month. FIRST LEGISLATIVE DAY OF THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY: This date is the first legislative day of the next regular session of the General Assembly following approval of the rule by the Rules Review Commission. See G.S. 150B-21.3, Effective date of rules. IN ADDITION 18:15 NORTH CAROLINA REGISTER February 2, 2004 1218 This Section contains public notices that are required to be published in the Register or have been approved by the Codifier of Rules for publication. U.S. Department of Justice Civil Rights Division JDR:JR:MDS:HEW:hew:jdh Voting Section – NWB. DJ 166-012-3 950 Pennsylvania Ave., NW 2003-4072 Washington, D.C. 20530 2003-4710 December 30, 2003 George A. Weaver, Esq. 113 East Nash Street, Suite 404 Wilson, NC 27893 Dear Mr. Weaver: This refers to the county's conduct of the Town of Saratoga's municipal elections, and the temporary polling place change and change in voting method for No-Excuse One Stop Voting for Wilson County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on November 3, 2003. The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). Sincerely, Joseph D. Rich Chief, Voting Section PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1219 Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60 days. Statutory reference: G.S. 150B-21.2. TITLE 4 – DEPARTMENT OF COMMERCE Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Cemetery Commission intends to amend the rule cited as 04 NCAC 05A .0106. Proposed Effective Date: June 1, 2004 Public Hearing: Date: February 25, 2004 Time: 10:00 a.m. Location: 1110 Navaho Drive, Raleigh, NC 27609 Reason for Proposed Action: The North Carolina Cemetery Commission is a receipt supported agency. The Commission has not raised fees in over fifteen years. The Commission has been taking in less cash receipts than cash disbursements for several years and will soon be out of funds to operate. This amendment addresses that problem by raising fees as already allowed under G.S. 65-54. Procedure by which a person can object to the agency on a proposed rule: Written comments can be mailed to Valinda Barnes, North Carolina Cemetery Commission, 1001 Navaho Drive, Suite 100, Raleigh, NC 27609, (919)981-2536. Written comments may be submitted to: Valinda Barnes, North Carolina Cemetery Commission, 1001 Navaho Drive, Suite 100, Raleigh, NC 27609. Comment period ends: April 2, 2004 Procedure for Subjecting a Proposed Rule to Legislative Review: Any person who objects to the adoption of a permanent rule may submit written comments to the agency. A person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the 6th business day preceding the end of the month in which a rule is approved. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721. Fiscal Impact State Local Substantive (>$3,000,000) None CHAPTER 5 - CEMETERY COMMISSION SUBCHAPTER 5A - ORGANIZATION SECTION .0100 - GENERAL INFORMATION 04 NCAC 05A .0106 FEES In addition to the licensing and penalty fees provided by statute to this commission, the following fees are provided after May 3, 1993: June 1, 2004: (1) One dollar ($1.00) Two dollars ($2.00) per grave space, mausoleum crypt, and niche when deeded; (2) Four dollars ($4.00) Five dollars ($5.00) per vault when contracted; (3) Four dollars ($4.00) Five dollars ($5.00) per each crypt in a bank of below ground crypts or lawn crypt garden when contracted. contracted before completion or one dollar ($1.00) per each crypt when contracted after completion. An additional one dollar ($1.00) two dollars ($2.00) shall be paid for each crypt when deeded as provided in Item 1 of this Rule; (4) Four dollars ($4.00) Five dollars ($5.00) per pre-need memorial; (5) Four dollars ($4.00) Five dollars ($5.00) per pre-constructed mausoleum crypt or niche when contracted. contracted before completion or one dollar ($1.00) per crypt or niche when contracted after completion. An additional one dollar ($1.00) two dollars ($2.00) shall be paid for each crypt or niche when deeded as provided in Item 1 of this Rule; (6) All at need merchandise, cash or credit sales, do not require any assessments; (7) One dollar ($1.00) Five dollars ($5.00) per preneed opening and closing of a grave space. Authority G.S. 65-49; 65-54; 150B-19. TITLE 12 – DEPARTMENT OF JUSTICE Notice is hereby given in accordance with G.S. 150B-21.2 that the N.C. Private Protective Services Board intends to adopt the rules cited as 12 NCAC 7D .0907-.0909 and amend the rules cited as 12 NCAC 7D .0901, .0903. PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1220 Proposed Effective Date: August 1, 2004 Public Hearing: Date: February 17, 2004 Time: 2:00 p.m. Location: PPSB Conference Rm., 1631 Midtown Pl., Suite 104, Raleigh, NC Reason for Proposed Action: The Board has determined that it is in the interest of the public and the industry to formalize the requirements to obtain an unarmed guard trainer certificate. The training requirements currently are set forth in the training program for certified trainers that has been approved by both the Board and the Attorney General pursuant to G.S. 74C-13(1). Further, the Board is amending the requirements for a firearms trainer certificate to require successful completion of the unarmed training prior to completing the armed training requirements. Procedure by which a person can object to the agency on a proposed rule: Comments may be submitted to the Board in writing and addressed to the W. Wayne Woodard, Private Protective Services Board, 1631 Midtown Place, Suite 104, Raleigh, NC 27609. Written comments may be submitted to: W. Wayne Woodard, 1631 Midtown Place, Suite 104, Raleigh, NC 27609 Comment period ends: April 3, 2004 Procedure for Subjecting a Proposed Rule to Legislative Review: Any person who objects to the adoption of a permanent rule may submit written comments to the agency. A person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the 6th business day preceding the end of the month in which a rule is approved. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721. Fiscal Impact State Local Substantive (>$3,000,000) None CHAPTER 7 - PRIVATE PROTECTIVE SERVICES BOARD SUBCHAPTER 7D – PRIVATE PROTECTIVE BOARD SECTION .0900 - TRAINER CERTIFICATE 12 NCAC 07D .0901 REQUIREMENTS FOR A FIREARMS TRAINER CERTIFICATE Firearms trainer applicants shall: (1) meet the minimum standards established by 12 NCAC 07D .0703; (2) have a minimum of one year supervisory experience in security with a contract security company or proprietary security organization, or one year experience with any federal, U.S. military, state, county or municipal law enforcement agency; (3) attain a 90 percent score on a firearm's course approved by the Board and the Attorney General, with a copy of the firearm's course certificate to be kept on file in the administrator's office; and (4) successfully complete a training course approved by the Board and the Attorney General which shall consist of a minimum of 40 hours of classroom and practical range training in handgun and shotgun safety and maintenance, range operations, night firearm training, control and safety procedures, and methods of handgun and shotgun firing. firing; (5) the applicants registration fee; and (6) successfully complete the requirements of a Unarmed Trainer Certificate established by 12 NCAC 07D .0907. Authority G.S. 74C-5; 74C-13. 12 NCAC 07D .0903 FEES FOR TRAINER CERTIFICATE (a) Firearms trainer Trainer certificate fees are as follows: (1) forty dollar ($40.00) non-refundable initial application fee (this fee shall not apply to unarmed trainer applicants); and (2) twenty-five dollar ($25.00) biennial fee for a new or renewal firearms trainer certificate. (b) Fees shall be paid in the form of a check or money order made payable to the Private Protective Services Board. Authority G.S. 74C-9. 12 NCAC 07D .0907 UNARMED GUARD TRAINER CERTIFICATE To receive an unarmed guard trainer certificate, an applicant shall meet the following requirements: (1) comply with the requirements of 12 NCAC 07D .0703; (2) have a minimum of one year experience in security with contract security company or proprietary security organization, or one year experience with any federal, U.S. military, state, county or municipal law enforcement agency; (3) successfully complete a training course approved by the Board and the Attorney General which shall consist of a minimum of 24 hours classroom, instruction to include the following topic areas: PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1221 (a) civil liability for the security trainer - two hours; (b) interpersonal communications in instruction – three hours; (c) teaching adults – four hours; (d) principles of instruction - one hour; (e) methods and strategies of instruction - one hour; (f) principles of instruction: audio-visual aids – three hours, and student performance: 45 minute presentation, or possess a Criminal Justice General Instructor Certificate from North Carolina Criminal Justice Education and Training Standards Commission or any training certification approved by the Director of PPS. The Board may require any additional training it deems necessary; (4) favorable recommendation from licensee; and (5) comply with the application process for an Unarmed Trainer Certificate as set forth in 12 NCAC 07D .0908. Authority G.S. 74C-8; 74C-9; 74C-11; 74C-13. 12 NCAC 07D .0908 APPLICATION FOR AN UNARMED GUARD TRAINER CERTIFICATE Each applicant for an Unarmed Guard Trainer certificate shall submit a Board approved application. The application should be accompanied by: (1) the applicants registration fee; and (2) a certificate of successful completion of the training required. This training shall have been completed within 120 days of the submission of the application or current certificate of other acceptable certification. Authority G.S. 74C-8; 74C-9; 74C-11; 74C-13. 12 NCAC 07D .0909 RENEWAL OF AN UNARMED GUARD TRAINER CERTIFICATE Each applicant for renewal of an unarmed guard trainer certificate shall complete a renewal form approved by the board. This form shall be submitted not less than 30 days prior to the expiration of the applicant’s current certificate. In additions, the applicant shall include the following: (1) the applicants registration fee; (2) certification of a minimum of 8 hours of instruction performed during past one year; and (3) statement verifying the classes taught for the prior year on a form approved by the Board. Authority G.S. 74C-8; 74C-9; 74C-11; 74C-13. TITLE 21 – OCCUPATIONAL LICENSING BOARDS CHAPTER 30 - NC BOARD OF MASSAGE AND BODYWORK THERAPY Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Board of Massage and Bodywork Therapy intends to adopt the rules cited as 21NCAC 30 .0205-0206, .0507-.0515, .0605-.0633, .0703-.0704 and amend the rules cited as 21 NCAC 30 .0102, .0203-.0204, .0301-.0303, .0404, .0501- .0506, .0601-.0604, .0701, .0702, .0901-.0905. Proposed Effective Date: July 1, 2004 Public Hearing: Date: February 18, 2004 Time: 9:00 a.m.-2:00 p.m. Location: 150 Fayetteville Street Mall, Ste. 1300, Raleigh, NC Reason for Proposed Action: To update rules to current definitions, practices, and financial requirements and make technical, grammatical changes. Procedure by which a person can object to the agency on a proposed rule: Write to NCBMBT at P.O. Box 2539, Raleigh, NC 27602 Written comments may be submitted to: Charles P. Wilkins, P.O. Box 2539, Raleigh, NC 27602 Comment period ends: April 2, 2004 Procedure for Subjecting a Proposed Rule to Legislative Review: Any person who objects to the adoption of a permanent rule may submit written comments to the agency. A person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the 6th business day preceding the end of the month in which a rule is approved. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721. Fiscal Impact State Local Substantive (>$3,000,000) None SECTION .0100 - ORGANIZATION AND GENERAL PROVISIONS 21 NCAC 30 .0102 DEFINITIONS In addition to the definitions set forth in G.S. 90-622(1) through (5), the following definitions apply: (1) Practice Act. -- Article 36, Chapter 90 of the North Carolina General Statutes: The North PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1222 Carolina Massage and Bodywork Therapy Practice Act. (2) Licensee. -- A person who holds a valid license issued by the Board to engage in the practice of massage and bodywork therapy. (3) Reciprocity. -- Pursuant to G.S. 90-630, a provision which shall apply only to qualified practitioners of massage and bodywork therapy who reside outside the State; or qualified practitioners who have resided in the State for not more than one hundred eighty (180) days. (4)(3) Place of business. -- The primary street location where the licensee provides massage and bodywork therapy. If the licensee provides massage and bodywork therapy only at the location of clients, then it shall be the residence street address of the licensee. (5)(4) Malpractice. -- Professional misconduct or unreasonable lack of skill. Conduct that is in variance with the Standards of Practice set forth in Section .0500. (6)(5) Gross negligence. -- The intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another. (7)(6) Incompetency. -- Conduct which that evidences a lack of ability, fitness or knowledge to apply principles or skills of the profession of massage and bodywork therapy. (8) Sexual activity. -- Any direct or indirect physical contact, or verbal communication, by any person or between persons which is intended to erotically stimulate either person, or which is likely to cause such stimulation and includes sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse. As used herein, masturbation means the manipulation of any body tissue with the intent to cause sexual arousal. Sexual activity can involve the use of any device or object and is not dependent on whether penetration, orgasm or ejaculation has occurred. (9)(7) Therapeutic, educational, or relaxation purposes. -- Pursuant to G.S. 90-622(3), that which is intended to positively affect the health and well-being of the client, and which that does not include sexual activity, as defined in Rule .0102(8). .0508. Authority G.S. 90-622; 90-626(9) SECTION .0200 - APPLICATION FOR LICENSE 21 NCAC 30 .0203 EXEMPTIONS FROM LICENSURE (a) Persons who are utilizing certain therapeutic techniques may claim exemption from licensure pursuant to G.S. 90-624 (6) or (7) only by meeting one of the following criteria: (1) Such persons are solely practicing techniques which that are defined by national organizations which that meet the criteria for exemption set forth in either G.S. 90-624 (6) or (7); or (2) Such persons are solely practicing techniques which that do not involve any contact with the body of the client; or (3) Such persons are solely practicing techniques which that involve resting the hands on the surface of the client’s body without delivering pressure to or manipulation of the soft tissues. (b) Persons who are utilizing exempt techniques along with the practice of massage or bodywork therapy, as defined in G.S. 90- 622(3), are not considered to be exempt and will be required to be licensed. (c) Pursuant to G.S. 90-623, such exempted practitioners may not hold themselves out to be a massage and bodywork therapist; they may not utilize or promote themselves or their services using such terms as “massage, massage therapy, bodywork, bodywork therapy,” or any other derivative term which that implies a soft tissue technique or method. (d)Services such as herbal body wraps, skin exfoliating treatments or the topical application of products to the skin for beautification purposes are not considered to be the practice of massage and bodywork therapy, as long as such services do not involve direct manipulation of the soft tissues of the body. Those who are utilizing such techniques along with the practice of massage or bodywork therapy are not considered exempt and will be required to be licensed. Authority G.S. 90-624; 90-626. 21 NCAC 30 .0204 FEES (a) Fees are as follows: (1) Request for License Application Package $20.00 (2) License fee 150.00 (3) License renewal 100.00 (4) Late renewal penalty 75.00 (5) Duplicate license 25.00 (6) Provisional license 150.00 Application fee for examination of educational credentials from non-Board-approved schools (7) Investigation of applicant’s background 150.00 (b) Fees shall be nonrefundable and shall be paid in the form of a cashier's check, certified check or money order made payable to the North Carolina Board of Massage and Bodywork Therapy. Personal checks shall be accepted for payment of renewal fees. (c) A personal check returned for insufficient funds is shall be grounds for a letter of reprimand. Authority G.S. 90-626(8); 90-628. 21 NCAC 30 .0205 TERM OF LICENSE (a) Pursuant to G.S. 90-632, a license to practice massage and bodywork therapy shall be granted for a term of two years, beginning on January 1. (b) Initial applications for licensure submitted between October 1 and December 31 shall be granted for two full years, plus the PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1223 additional period of up to three months. Initial applications submitted between January 1 and September 30 shall pay the full fee, but the initial license period shall be two years, minus the period following January 1. Authority G.S. 90-626(9); 90-632. 21 NCAC 30 .0206 BACKGROUND INVESTIGATION REQUIRED FOR APPLICANT (a) If the Board determines that an applicant for licensure has a charge of a criminal offense, civil lawsuit, domestic violence, termination from employment, dismissal from an educational institution, or disciplinary action regarding another occupational license or certification, the Board shall investigate the applicant's background. (b) At the request of the Board, the applicant shall provide all documentation related to the event(s), and shall pay the additional fee set forth in Rule .0204(7) to cover the Board's costs of such investigation. Authority G.S. 90-626(2); 90-629(3). SECTION .0300 - LICENSING 21 NCAC 30 .0301 PROFESSIONAL DESIGNATIONS (a) All licensees shall use the professional title, "Licensed Massage and Bodywork Therapist," or the letters "L.M.B.T." when they are holding themselves out to be a licensee in their professional communications. (b) Licensees shall not use any other letters or abbreviations after their name when they are holding themselves out to be a licensee in their professional communications, except those which that are conveyed by a degree from an accredited post-secondary institution, a license from another occupational licensing board, or certification from an agency which that is approved by the National Commission on Certifying Agencies. (c) Licensees may also use other words descriptive of their work, consistent with Rule .0501(1), such as areas of clinical specialty, in addition to their primary identification as a Licensed Massage and Bodywork Therapist. Authority G.S. 90-623(c); 90-626(9). 21 NCAC 30 .0302 DISPLAY OF LICENSE A license shall be displayed in a prominent place at the licensee's primary place of business so as to be visible for inspection. A licensee Licensees providing massage and bodywork therapy outside their primary business location, or at the location of clients, shall have their licensure card a copy of their license available for inspection upon request. Authority G.S. 90-626-(9). 21 NCAC 30 .0303 LICENSE RENEWAL (a) Any licensee desiring the renewal of a license shall comply with all continuing education requirements, shall apply for renewal and shall submit the required fee. (b) A license which that has not been renewed prior to its expiration date is considered lapsed expired. (c) Licenses lapsed expired in excess of twenty four (24) 24 months are expired and shall not be not renewable. Persons whose licenses have expired and who desire to be licensed shall not be entitled to renew their license but shall apply been expired for more than 24 months must apply for a new license. (d) Any person whose license has lapsed or expired and who engages in any massage and bodywork therapy activities governed by the Practice Act will be subject to the penalties prescribed in Rule .0905 herein. G.S. 90-643 and G.S. 90-634.1. Authority G.S. 90-626(3). SECTION .0400 - BUSINESS PRACTICES 21 NCAC 30 .0404 ADVERTISING (a) Any advertisement of massage and bodywork therapy services in any advertising medium as defined herein shall include the licensee���s name and license number, whether or not a trade name is used. (b) Advertising medium shall be defined as any form of written, printed, broadcast or computer-based advertising, or other promotional materials, except a telephone directory listing for which no additional advertising charge is made. (c) A business or establishment which that employs or contracts with massage and bodywork therapists licensed by the Board may advertise on behalf of those licensees, by complying with the requirements of this section. Rule. As an alternative to the requirement of Paragraph (a) of this Rule, such business or establishment may indicate the listing of the service itself in advertising or other promotional materials, accompanied by the exact phrase: "Provided by North Carolina Licensed Massage and Bodywork Therapists." In this phrase, "North Carolina" may be abbreviated as "N.C." Authority G.S. 90-623(c); 90-626(9). SECTION .0500 - STANDARDS OF PRACTICE 21 NCAC 30 .0501 PURPOSE This Code of Ethics establishes standards for the practice of massage and bodywork therapy which are intended to protect the public health, safety and welfare, to preserve the integrity of the profession, and to allow for the proper discharge of responsibilities to those served. Licensees shall have a commitment to provide the highest quality of care to those who seek their professional services, and shall: (1) Represent their qualifications, credentials and professional affiliations accurately, and provide only those services which they are qualified to perform; (2) Inquire as to the health status of each client before treatment to determine whether there are contraindications for the application of massage and bodywork therapy; (3) Inform clients, other health care practitioners and the public of the scope and limitations of the practice of massage and bodywork therapy, and refer clients to appropriate health care practitioners whenever indicated; (4) Maintain the confidentiality of all client information, unless disclosure is consented to PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1224 by the client, required by law or by court order; (5) Obtain and document the informed consent of the client before providing treatment. Informed consent may be given in written or verbal form; (6) Provide draping and treatment in a way that ensures the safety, comfort and privacy of the client; (7) Respect the client’s right to refuse, modify or terminate treatment regardless of prior consent given; (8) Refrain from initiating or engaging in any sexual activity involving a client, as defined in Rule .0102(8); (9) Refuse any gifts or benefits which are intended to influence a referral, decision or treatment that are primarily for personal gain and not for the good of the client. (10) Inform the Board of any violation of the Practice Act or Rules and Regulations These standards establish basic requirements for the safe and effective practice of massage and bodywork therapy. They are intended to protect the public, to preserve the integrity of the profession, and to allow for the proper discharge of responsibilities to those served. Authority G.S. 90-621; 90-626(9). 21 NCAC 30 .0502 GENERAL REQUIREMENTS (a) The practice of massage and bodywork therapy shall be conducted in facilities which are safe and sanitary. Licensees shall maintain their treatment facilities according to the following standards: (1) Comply with all local building code requirements; (2) Comply with all state fire safety codes; (3) Comply with all state health inspection codes; (4) Maintain all equipment used in the practice of massage and bodywork therapy in a safe and sanitary condition; (5) Launder or sanitize, before reuse, all materials furnished for the personal use of the client, including towels and linens; (6) Provide adequate toilet and lavatory facilities for the client; (7) If equipped with a whirlpool bath, sauna, steam cabinet, or steam room, maintain adequate and clean shower facilities on the premises; (8) Maintain a lavatory for hand cleansing, or have available a chemical germicidal product designed to disinfect and cleanse hands without the use of a lavatory. (b) For treatments which are given at the location of a client, only standards (4), (5) and (8) above, apply. For treatments which are given at a temporary location lasting not more than five (5) days such as a trade show, sporting event or community festival, only standards (4) and (8) above, apply. In the practice of massage and bodywork therapy, licensees shall: (1) provide only those services that they have the training and practical experience to perform, and that are designed to benefit the health and well-being of the client; (2) deliver treatment in a manner that respects each client's individuality and dignity, and that ensures their safety, comfort and privacy; (3) inform clients of the scope and limitations of massage and bodywork therapy; and (4) respect the traditions and practices of other health care practitioners, and not falsely impugn the reputation of any colleague. Authority G.S. 90-626(9). 21 NCAC 30 .0503 CLIENT ASSESSMENT AND INFORMED CONSENT Licensees shall maintain a professional standard of hygiene in the practice of massage and bodywork therapy. (1) Before and after each treatment, licensees shall cleanse and disinfect their hands, using a lavatory or a chemical germic idal product. (2) Licensees shall maintain a barrier of unbroken skin on their hands, forearms and elbows at all times. In the case of broken skin, the licensee shall use a finger cot, glove or chemical barrier product to cover the affected area during treatment. Before providing treatment, licensees shall: (1) determine the health status of each client to identify whether there are contraindications for the application of massage and bodywork therapy; (2) assess the needs and expectations of the client, develop a plan of care, and update the plan as needed for succeeding treatments; (3) obtain and document in writing the informed consent of the client. For the purposes of this Section, "informed consent" means the therapist has informed the client as to the nature and purpose of the service to be provided, what such treatment is likely to include, what treatment shall not include, and the client acknowledges that he or she understands the terms under which the treatment is being provided and voluntarily agrees to receive such treatment. Following the initial treatment with a therapist, the client may give verbal consent on successive visits within a 12 month period; (4) respect the client's right to refuse, modify or terminate treatment regardless of prior consent given; and (5) only modify the plan of care with the informed consent of the client. Authority G.S. 90-626(9). 21 NCAC 30 .0504 PROGRESS NOTES; REFERRALS PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1225 (a) Licensees shall maintain a sufficient supply of clean drapes, for the purpose of draping each client during treatment. As used herein, “drapes” mean towels, sheets, gowns or other appropriate coverings. (b) Before proceeding with a treatment, licensees shall explain expected draping techniques to the client and provide the client with a clean drape for the purpose of ensuring their safety, comfort and privacy. (c) The requirements of (a) and (b), above, do not apply in the case of treatments where the client does not disrobe. On an ongoing basis, the licensee shall: (1) maintain written client progress notes on each treatment, including the date of service, needs assessment, plan of care, observations made and actions taken by the licensee; (2) refer the client to other health care practitioners or other professional service providers when in the best interest of the client and/or licensee; and (3) follow recommendations for the plan of care when receiving a client referral from a medical care provider. Authority G.S. 90-626(9). 21 NCAC 30 .0505 CONFIDENTIALITY, ROLES AND BOUNDARIES (a) Sexual activity with a client, as defined in Rule .0102(8), is prohibited where the practice of massage and bodywork therapy is conducted. (b) No licensee shall engage in or permit any person or persons to engage in sexual activity with a client in a location where the practice of massage and bodywork therapy is conducted, or use such location to make arrangements to engage in sexual activity in any other place. (c) Licensees shall not use the therapist-client relationship to engage in sexual activity with any client or to make arrangements to engage in sexual activity with any client. In managing the client/therapist relationship, licensees shall: (1) maintain the confidentiality of all client information, unless written disclosure is consented to by the client, or required by law or by court order; this shall include protecting the client’s identity in all social conversations, advertis ements, and in any other manner; (2) maintain client records in such a manner as to prevent unauthorized access or damage for the entire term of the client/therapist relationship, and for at least four years after the termination of such relationship; (3) dispose of client records in a secure manner; (4) protect the interests of clients who are minors or who are unable to give informed consent by securing permission from an authorized third party or guardian; (5) avoid relationships with the client that could impair professional judgment or result in exploitation of the client; (6) solicit only information about the client that is relevant to the professional relationship; (7) recognize and limit the impact of transference and counter transference between client and therapist; and (8) refrain from promoting products or services to the client that are not related to the plan of care. Authority G.S. 90-626(9). 21 NCAC 30 .0506 DRAPING REQUIREMENTS (a) All licensees are under a continuing duty to report to the Board any and all of the following by themselves or by other licensees: (1) Charges of, convictions of, or pleas of guilty or no contest to a felony; (2) Charges of, convictions of, or pleas of guilty or no contest to any crime that involves moral turpitude; (3) Charges of, convictions of, or pleas of guilty or no contest to any alcohol or drug-related offense. (b) All licensees are under a continuing duty to report to the Board if they are named as a defendant in a civil suit arising out of a licensee's practice of massage and bodywork therapy. (c) A licensee must report a charge, conviction, plea in a criminal case, or involvement as a defendant in a civil suit, as set forth in (a) and (b), above, within thirty (30) days after it occurs. Licensees shall adhere to the following requirements, except in the case of treatments where the client remains fully clothed; (1) provide draping in a manner that ensures the safety, comfort and privacy of the client; (2) maintain a supply of clean drapes, such as towels, sheets, gowns or other coverings, for the purpose of draping the client's body during treatment; (3) explain expected draping procedures to the client before treatment; and (4) ensure that the following areas are draped during treatment: the gluteal and genital areas for male and female clients, and the breast area for female clients. With voluntary and informed consent of the client, the gluteal and breast drapes may be temporarily moved in order to perform therapeutic treatment to structures in those areas. Authority G.S. 90-626(9). 21 NCAC 30 .0507 HYGIENE To maintain a professional standard of hygiene in their practice, licensees shall: (1) cleanse and disinfect their hands before and after each treatment, using a lavatory with hot water or a chemical germicidal product; (2) maintain a barrier of unbroken skin on their hands, forearms and elbows at all times; in the case of broken skin, licensees shall use a finger cot, glove or chemical barrier product to cover the affected area during treatment; PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1226 (3) wear clothing that is clean, modest and professional; maintain personal hygiene; wear hair in a manner so as not to touch the client.; (4) maintain all equipment used in the practice of massage and bodywork therapy in a safe and sanitary condition; and (5) utilize only those materials furnished for the personal use of the client, including towels, linens, or gowns, that have been laundered or sanitized before reuse, or that are single-use items disposed of after treatment. Authority G.S. 90-626(9). 21 NCAC 30 .0508 SEXUAL ACTIVITY DEFINED For the purposes of this Chapter, "sexual activity" shall mean any direct or indirect physical contact, or verbal communication, by any person or between persons which is intended to erotically stimulate either person, or which is likely to cause such stimulation and includes sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse. As used herein, masturbation means the manipulation of any body tissue with the intent to cause sexual arousal. Sexual activity can involve the use of any device or object and is not dependent on whether penetration, orgasm or ejaculation has occurred. Authority G.S. 90-626(9). 21 NCAC 30 .0509 SEXUAL ACTIVITY PROHIBITED To preserve the safety and integrity of the therapeutic relationship, the following requirements shall apply from the beginning of the client/therapist relationship, and continue for a period of at least six months after the termination of such relationship. Licensees shall: (1) not engage in sexual activity, as defined in Rule .0508 of this Section between the licensee and the client, whether such activity is consensual or otherwise; (2) not engage in or permit any person or persons to engage in sexual activity with a client in a location where the practice of massage and bodywork therapy is conducted, or to use such location to make arrangements to engage in sexual activity with a client in any other place; and (3) clearly define the boundaries of the professional relationship in the event that the client initiates or asks the licensee to engage in sexual activity. Authority G.S. 90-626(9). 21 NCAC 30 .0510 PROVIDING OR TERMINATING SERVICE Licensees shall have the right to provide therapeutic services to whom they choose. Licensees shall also have the right to refuse treatment, or to terminate a treatment in progress to protect their own safety and well-being, including situations such as: (1) a client who is abusive, under the influence of alcohol, drugs, or any illegal substance, or otherwise impaired; or (2) a client who has violated the boundaries of the professional relationship by initiating or asking the licensee to engage in sexual activity. Authority G.S. 90-626(9). 21 NCAC 30 .0511 BUSINESS AND ETHICAL REQUIREMENTS In the management and promotion of their practices, licensees shall; (1) represent their qualifications, credentials and professional affiliations accurately and completely; (2) conduct their business affairs with integrity and avoid actual or potential conflicts of interest; (3) refuse any gifts or benefits that are intended to influence a referral, decision or treatment that are primarily for personal gain and not for the good of the client; (4) adhere to the advertising requirements of Rule .0404 of this Chapter, and promote their practices accurately, avoiding language or images that are misleading, provocative, sexual, or sensational; (5) provide the client with information on their business policies before commencing treatment, including a list of services available and fees charged, payment arrangements, appointment scheduling and cancellation requirements; discuss and resolve any questions the client may have about such policies; (6) accept gratuities in addition to the stated fee for treatment only in settings where such practice is customary and known to the client in advance of treatment; (7) follow generally accepted accounting practices; (8) maintain accurate financial records, client records, appointment records, contracts, and legal obligations for at least four years; and (9) comply with all applicable municipal, state, and federal laws. Authority G.S. 90-626-(9). 21 NCAC 30 .0512 IMPAIRMENT In the practice of massage and bodywork therapy, licensees shall not provide therapeutic services to clients when under the influence of alcohol, drugs, or any illegal substance, with the exception of prescribed dosage of a prescription medication that does not impair the cognitive, psychological, or motor capacity of the licensee. Authority G.S. 90-626(9). PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1227 21 NCAC 30 .0513 FACILITY REQUIREMENTS The practice of massage and bodywork therapy shall be conducted in facilities that are safe and sanitary. With the exception of treatments that are given at the location of a client, or treatments given at a temporary location lasting not more than five days such as a trade show, sporting event or community festival, licensees shall assure that the facility in which they practice: (1) is in compliance with all local building code requirements, state fire safety codes, and state health inspection codes; (2) provides adequate toilet and lavatory facilities with hot and cold running water; and (3) provides adequate and clean shower facilities on the premises, if equipped with a whirlpool bath, sauna, steam cabinet, or steam room. Authority G.S. 90-626(9). 21 NCAC 30 .0514 INFORMING BOARD OF VIOLATIONS Licensees shall inform the Board within 10 days of any violation of the Practice Act or Rules, whether by licensees, schools, or non-regulated persons or entities. Authority G.S. 90-626(9). 21 NCAC 30 .0515 CONTINUING DUTY TO REPORT CERTAIN CRIMES AND CIVIL SUITS (a) Licensees shall report to the Board any and all charges of, convictions of, or pleas of guilty or no contest to the following criminal offenses, whether committed by themselves or by other licensees: (1) Felonies; (2) Crimes that involve moral turpitude; (3) Alcohol or drug-related offenses; (4) Sexual-related offense; and (5) Assault. (b) Licensees are under a continuing duty to report to the Board if they are named as a defendant in a civil suit arising out of a licensee's practice of massage and bodywork therapy. (c) Licensees shall report a charge, conviction, plea in a criminal case, or involvement as a defendant in a civil suit, as set forth in Paragraphs (a) and (b) of this Rule, within 30 days after it occurs. Authority G.S. 90-626(9). SECTION .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS 21 NCAC 30 .0601 BOARD APPROVAL (a) Any school, whether in this State or another state, territory or country, state or territory that offers a certificate, diploma or degree program in massage and bodywork therapy may make application for Board approval on a form provided by the Board. Every school must submit an application to be considered for approval, whether or not such school has been licensed, approved or accredited by another regulatory agency, state board, accreditation commission or trade association. A school which that operates in more than one location shall submit a separate application for each location. (b) The Board shall grant approval to schools that meet the standards set forth in this section. Section. The Board shall maintain a list of approved schools. (c) In order to maintain approval status, each school shall submit an annual report by April 1 on a form provided by the Board, which that may include documentation of continued state licensure, where such licenses are required, authority to operate, student enrollments, and any changes in curriculum, instructional staff or administrative staff. (d) An approved school shall notify the Board in writing within thirty (30) 30 days of any change in the school’s location address, ownership, or controlling interest. interest, administration, facilities, instructional staff, curriculum, or other changes that may affect the programs offered. (e) The Board may utilize disciplinary sanctions for schools set forth in Rules Section .0905(b) if the applicant for approval, or holder of such approval: (1) Fails to maintain, at any time, the minimum requirements for approval set forth in this Section; (2) Fails to require its students to complete the minimum standards in order to graduate; (3) Submits documents to the Board which contain false or misleading information; (4) Fails to allow authorized representatives of the Board to conduct inspections of the school, or refuses to make available to them at any time full information pertaining to the requirements for approval set forth in this Section; (5) Violates any statute or rule required for licensure or approval of that school by its educational licensing authority; or (6) Violates any applicable rule of this Section. (e) School approval shall be granted for a one year term, beginning on July 1 and ending on June 30. For the purposes of this Section, this term shall be considered the Fiscal Year. (f) If a Board -approved school has not met the requirements for renewal by June 30 preceding the new Fiscal Year, its approval status shall be deemed expired. (g) Approval shall be reinstated by the Board if such a school completes its renewal process by July 31 of the Fiscal Year. A school that has had its approval reinstated by July 31 shall be considered to have maintained its approval status on a continuous basis, pursuant to Paragraph (i) of this Rule. (h) The Board shall not renew the approval of a school that has not met the approval standards by July 31. (i) Pursuant to G.S. 90-629(4), "successful completion of a course of study at a Board-approved school" means that the applicant graduated from a school that maintained its approval status with the Board on a continuous basis during the applicant's time of enrollment. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0602 DEFINITIONS (a) The following definitions shall apply to this Section: (1) Program. -- A course of study or curriculum consisting of a specified number hours of instruction consistent with the standards set PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1228 forth in Paragraph (m) herein, Rule .0618, which that is intended to teach adults the skills and knowledge necessary for the professional practice of massage and bodywork therapy, as defined in G.S. 90-622(3). Each program of a specified number of instructional hours shall be considered a separate program for the purposes of Board approval, and shall require a separate application for approval. (2) Massage and bodywork therapy school. -- Any educational institution that conducts a program, as defined above, for a tuition charge. Such institutions may be organized as proprietary schools, which that are privately owned and operated by a sole proprietor, partnership, corporation, association, or other entity; or may be post-secondary colleges or universities, whether publicly or privately owned. (3) Instructor. -- A person who meets the qualifications set forth in Subparagraph (e)(1) or (2), herein, Rule .0610 of this Section who is responsible for delivering course content according to curricula established by the school, and who is responsible for managing the classroom environment. (4) Teaching assistant. -- A person who meets the qualifications set forth in Subparagraph (e)(3) or (4), herein, Rule .0610 of this Section who is in the classroom to support the role of the instructor, and who may only provide instruction to students under the direct supervision of the instructor. (5) One classroom hour of supervised instruction. -- At least fifty (50) 50 minutes of any one clock hour during which the student participates in a learning activity in the physical presence of a member of the school’s instructional staff. (6) Student enrollment. -- The total number of students at an approved school in a designated Fiscal Year who have begun a program for which they have registered and paid a fee in said Fiscal Year, and who have completed at least four weeks of such program. (7) Key administrative staff. -- The school's program director, director of education, and other administrative staff members who direct key areas such as operations, admissions, financial aid, placement, or student services. (8) One year of professional experience. -- In determining the qualifications of administrative or instructional staff members, at least 500 hours of documentable work in the professional job responsibility or subject area in a given year. (9) Additional program. -- A program that is of a different title, subject matter, or number of hours of instruction than the program under which the school received its initial approval from the Board. An approved school that intends to offer an additional program shall submit an Application for Additional Program Approval. (10) Additional location. -- A facility not part of, nor adjoining the facility of an approved school, where an approved school intends to offer a program. Each such location is considered a separate school, requiring a new Application for School Approval to be submitted to the Board. (b) Authority to operate. (1) A proprietary school shall provide documentation that it is licensed or approved by the educational regulatory authority in the state, territory or country in which it operates; or shall be exempt from licensure or approval by statute. (2) A regionally accredited post-secondary institution within the State which offers a certificate, diploma, or degree program in the field of massage and bodywork therapy shall have approval to conduct such program from the State Board of Community Colleges or the University of North Carolina. (3) A regionally accredited post-secondary institution outside the State which offers a certificate, diploma, or degree program in the field of massage and bodywork therapy shall have approval from the regulatory authority in the state, territory or country in which it operates. (c) Program director. One person shall be designated as the program director, and shall be qualified in accordance with the requirements listed in Subparagraph (d)(2) herein. This person may be titled as director, or in the case of programs at post-secondary institutions, department chair or program coordinator. The director is the person directly responsible for all facets of the program’s operation, including: curriculum, methods of instruction, employment, training and evaluation of administrative and instructional staff, maintenance of proper administrative records, financial management, recruitment of students, and maintenance of school plant and equipment. (d) Administrative staff and qualifications. (1) The school shall have administrative staff to support the number of students enrolled. (2) The program director or department chair shall have the following qualifications: (A) Be a graduate of a regionally accredited college or university and hold a baccalaureate degree, or have at least five years of professional experience in the field of massage and bodywork therapy; and (B) Have at least two years experience as an instructor in one or more of the major courses which are presented in the school’s curriculum, or have at least two years experience in education administration. Persons who possess qualifications which are equivalent to the PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1229 requirements prescribed in (A) and (B) of this Paragraph may be approved individually by the Board. (3) Other administrative staff who oversee such areas as operations, education, admissions, financial aid, or student services, shall have the following qualifications: (A) Be a high school graduate or its equivalent; (B) Have at least one year of professional experience in their area of their job responsibility, or have received training from the school sufficient to perform their defined job responsibilities. (e) Instructional staff qualifications. The requirements herein shall apply to instructors and teaching assistants who provide more than six (6) instructional hours in the program. Instruction is provided by persons with appropriate education and experience as follows: (1) Instructors who teach courses related to the theory and practice of massage and bodywork therapy shall have the following qualifications: (A) Have a minimum of two years of professional practice experience in, and have received training and certification in the subject area they teach; and (B) Have received training in teaching methods, which shall include: (i) Presentation skills; (ii) Development and implementation of lesson plans; (iii) Dynamics of the teacher/student relationship; (iv) Management of the classroom environment; (v) Evaluation of student performance; (vi) Orientation to the school’s administrative policies; and (C) Have one of the following credentials: (i) Be licensed under the Practice Act; or (ii) For schools and instructors outside the State, hold a similar credential in massage and bodywork therapy; if no such credential is available, hold a valid certification from a certifying agency which is approved by the National Commission of Certifying Agencies; or (iii) Be a licensed physician, dentist, chiropractor, osteopath, registered nurse, physical therapist, occupational therapist, or acupuncturist. (2) Instructors in all other courses in the curriculum shall have received training in teaching methods as defined in Subparagraph (e)(1)(b) above, and shall have one of the following qualifications: (A) Have a minimum of two years of professional practice experience in, or have received training and certification in the subject area they teach; or (B) Have a minimum of 12 semester credit hours of academic course work in the subject area they teach from a regionally accredited post-secondary institution. (3) Teaching assistants in courses related to the theory and practice of massage and bodywork therapy shall have one of the credentials listed in Subparagraph (e)(1)(c), above. (4) Teaching assistants in all other courses in the curriculum shall have one of the following qualifications: (A) Have a minimum of one year of professional practice experience in, or have received training and certification in the subject area they teach; or (B) Have a minimum of 6 semester credit hours of academic course work in the subject area they teach from a regionally accredited post-secondary institution. (f) Job descriptions and contracts. (1) The school shall have written job descriptions with performance standards for each administrative and instructional position on its staff. (2) The school shall execute an employment agreement with each staff member, whether such staff member works in a full-time or part-time capacity, or is an employee or an independent contractor. (g) School plant and equipment. (1) The school plant, premises, and facilities shall be safe and sanitary and shall be in compliance with the statutory provisions and the rules and regulations of all local ordinances pertaining to fire, safety, health, and sanitation. Classrooms shall have sufficient lighting, ventilation, and temperature control to provide a comfortable learning environment for students. (2) The equipment, supplies, and instructional materials of the school shall be adequate in type, quality, and amount for each course offered by the school. These shall also meet all requirements of statutory provisions, and rules and regulations of all local ordinances pertaining to fire, safety, health, and sanitation. PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1230 (3) The school shall have an annual inspection from the city or county agencies which determine compliance with requirements for fire, safety, health, and sanitation in its jurisdiction. (4) For classes conducted in the practice of massage and bodywork therapy, the school shall provide a minimum of 70 square feet of classroom space per treatment table, exclusive of fixed items in the classroom. There shall be one therapy treatment table, adjustable in height, for every two students in such classes. (h) Financial management systems and economic stability. (1) Schools shall maintain financial management systems which assure safety, accountability and effective use of financial resources, and which provide accurate information for assessing the financial condition of the institution. This includes regular profit and loss statements, balance sheets, and an annual budget. The following standards shall be met: (A) Generally accepted accounting principles are followed in the preparation of financial statements; and (B) Accuracy and security of records is maintained. (2) Schools shall be financed to ensure long term stability. The following standards shall be met: (A) Income and reserves are sufficient to complete instruction of currently enrolled students while still meeting all requirements for Board approval; (B) A ratio of assets to liabilities of at least 1:1 is maintained; and (C) An annual independent review or audit of the school’s financial statements is conducted by a Certified Public Accountant. (3) The Board may request a credit report on a school. (4) The school shall maintain professional liability insurance to guarantee the fiscal viability of the school in the case of a claim of malpractice related to massage and bodywork therapy performed as a part of the school’s instructional program. (i) Admissions. (1) The school shall maintain admission policies and procedures which are fully disclosed and which are administered consistently. (2) Admissions standards are designed to ensure that only those students who have the ability to successfully complete the program will be admitted. (3) The school shall maintain written documentation of the basis for admis sion of the student. Such records shall include copies of high school diploma or transcripts, proof of age, and other specific admission requirements of the school. (4) Documentation is maintained, for a minimum of three (3) years, of the reasons for the denial of admission of any student. (5) A school is not precluded from enrolling students in individual courses not leading to a credential. (j) Tuition, refunds and financial aid. (1) The school shall fully and clearly disclose tuition and all related program costs to prospective students. (2) Tuition policies shall be published in the school catalog or bulletin. Such policies shall address adjustment of charges in the case of: (A) Cancellation of enrollment within seventy-two (72) hours of signing an student enrollment agreement; (B) Student withdrawal before the program start date; (C) Student withdrawal after the program start date; (D) Student dismissal; and (E) Cancellation of program by the school. (3) All students who enroll in the same program shall be charged the same amount for tuition. This does not preclude the school from raising tuition, from granting scholarships, from granting cash discounts to students for advance payment of tuition, or in the case of public institutions, from charging differential rates to residents and non-residents. (4) The school shall maintain a refund policy as follows: (A) Proprietary schools shall base refunds on a percentage of the program actually completed by the student. At a minimum, such policy shall grant refunds up to and including the twenty-five percent (25%) point of the program. Refunds shall be calculated from the last date of attendance and made within thirty (30) days of the date of withdrawal or dismissal. (B) Programs offered by post-secondary colleges or universities shall follow the refund policy set forth by the applicable governing body or regulatory agency. (5) The school catalog or bulletin shall accurately describe any financial aid programs in which the school participates, and shall distinguish in meaning between the terms “scholarship,” “grant,” “loan,” and “financial aid.” Schools which administer Title IV funds shall also include in its catalog and all advertising an eligibility phrase such as, “Financial aid available for those who qualify.” Schools that do not administer Title IV funds shall not use the term “financial aid.” (k) Student records and academic progress. PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1231 (1) The school shall maintain current, complete, and accurate records on each student. Such records shall show attendance, academic progress, grades, date entered, dates attended, courses studied, program completed, and date of graduation. (2) Records shall be maintained in perpetuity, shall be stored in such a manner as to ensure their confidentiality, and shall be safe from theft, fire, or other possible loss. (3) Students and graduates shall be allowed access to their records. Transcripts shall be released upon written request from students and graduates. (4) All school policies, including those relating to satisfactory attendance, academic progress, and conduct shall be enforced. Students shall be notified when completion standards are not being met. (l) Educational credential issued to graduates; reporting of graduates’ pass rate on national certification examination. (1) Upon completion of the program, the student is given a certificate, diploma, or degree stating that the educational requirements have been met and the program has been satisfactorily completed. (2) Such credentials are only granted to students who have completed the entire program for which the student enrolled. (3) The school shall authorize agencies which conduct national certification examinations which are accepted by the Board as meeting the requirement of G.S. 90-629(5) to report directly to the Board the pass rate of the school’s graduates on such examinations. (m) Pursuant to G.S. 90-631(1), programs shall meet the following standards: (1) The school shall develop a set of educational objectives which describe the intended skills, knowledge, and attitudes which the program is designed to develop in the student by the completion of such program. (2) The school shall offer a program consisting of a minimum of five hundred (500) classroom hours of supervised instruction. Such program shall contain the following hours of specific course work which are consistent with the school’s mission and educational objectives: (A) Two hundred (200) hours in the fundamental theory and practice of massage and bodywork therapy, which shall include a minimum of one hundred (100) hours in application of hands-on methods; the balance of such hours shall include client assessment skills, indications and contraindications for treatment, body mechanics, draping procedures, standard practices for hygiene and control of infectious diseases, and the history of massage and bodywork therapy; (B) One hundred (100) hours in anatomy and physiology, which shall include the structure and function of the human body and common pathologies; (C) Fifty (50) hours in the following areas: (i) Fifteen (15) hours in professional ethics, and North Carolina laws and rules for the practice of massage and bodywork therapy; (ii) Fifteen (15) hours in business practices related to the field of massage and bodywork therapy; and (iii) Twenty (20) hours in somatic psychology, including dynamics of the therapist/client relationship, communication skills, and boundary functions; (D) One hundred fifty (150) hours in other courses related to the practice of massage and bodywork therapy; such courses may include additional hands-on techniques, specific applications, adjunctive modalities, in-depth anatomy and physiology, kinesiology, psychology, movement education, or supervised clinical practice. First Aid or CPR may not be included in this category. (3) For programs which include a student clinic or fieldwork experiential component, such hours do not exceed one hundred (100) hours of the minimum requirement set forth in Subparagraph (m)(2)(d), above. All such work is directly supervised and evaluated by an instructional staff member. (4) For programs which include an externship component, such hours shall not be included in the minimum requirements set forth in Subparagraph (m)(2), above, and shall not comprise more than twenty percent (20%) of the total program hours. All such work is supervised by a designated person at the externship site, and is evaluated by the school. (5) Programs shall consist of a series of courses which are organized in a logical sequence, and which are consistent with the educational objectives. Sequential organization means that within a course, each class prepares students for the next class; overall, each course gives students the skills and knowledge necessary for the next course. Material is not presented unless students have the necessary skills PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1232 and/or knowledge to utilize that material safely and effectively. (6) Course titles match the content of the course; published course descriptions accurately reflect the specific learning objectives of each course; sufficient hours are allotted to each course to allow students to gain competence in the subject areas covered. (7) A course curriculum is developed for each course, which shows the basic content of each individual class in the course, in the sequence presented. (8) Course requirements and competencies are consistent from instructor to instructor. Teaching materials, including detailed lesson plans, are developed and maintained for each course to ensure such consistency. Teaching methods are appropriate to course content, and to diverse learning styles. (9) Programs shall be a minimum of six (6) months in length, with no more than nine (9) instructional hours in one day. There shall be no more than two (2) hours of instruction without a break. There shall be no more than four (4) hours of instruction without a meal break. (10) For a student to receive credit in a course, the school shall require students to attend no less than seventy-five percent (75%) of the instructional hours, and to make up all missed instructional hours according to the procedures established by the school. (11) A syllabus is developed for each course, and provided to students prior to the beginning of instruction. The syllabus shall include the following elements: course title, course description, learning objectives, total number of instructional hours, meeting dates and class times, assignments, textbooks, evaluation methods, quiz and examination dates, and performance standards. (12) For post-secondary institutions, courses which fulfill the minimum requirements set forth in Subparagraph (m)(2), above, shall support the program in massage and bodywork therapy. Courses in addition to the minimum requirements may include courses from other departments or programs which are directly relevant to the practice of massage and bodywork therapy. (n) Student to instructor ratios. (1) For classes which involve hands-on practice, the student to instructor ratio shall not exceed 16 to 1. (2) Both instructors and teaching assistants, as defined in Paragraph (a) of this Rule, shall be considered in calculating these ratios. (o) Learning resources. The school shall provide sufficient learning resources to students and instructional staff to support the educational objectives of the program as follows: (1) The school shall maintain a library or resource center which contains books, periodicals, and other informational materials in the field of massage and bodywork therapy. As an alternative, the school may have a contractual agreement with another facility to provide access to such resources. (2) All other resources, such as charts, models, or videotapes, shall be maintained in good condition. (p) Standards of professional behavior. (1) Conduct by instructional staff and students shall follow the Standards of Practice set forth by the National Certification Board for Therapeutic Massage and Bodywork, and those standards set forth in Rules Section .0500 of this Chapter. (2) Nudity is not permitted where massage and bodywork therapy is taught or practiced. For the purpose of this section, “nudity” is defined as exposure of the genital or anal area for men or women, or the breast area for women. The only exception shall be for treatment to the breast area while utilizing therapeutic techniques. (3) The school shall provide a private area where persons receiving therapeutic treatments may dress or undress, whether for in-class practice or treatments performed in a student clinic. As an alternative, the school may provide instruction to persons receiving therapeutic treatments in the procedure of undressing while on the treatment table under a full sheet covering. (4) The above requirements shall apply to all classroom settings, as well as any location where instructional staff or students are demonstrating or delivering therapeutic treatments as a part of course requirements, whether at the school or another location. (q) Student compensation prohibited. A student enrolled in a Board-approved school shall not receive a fee or other consideration for the massage and bodywork therapy they perform while completing clinical requirements for graduation, whether or not the school charges a fee for services provided in a student clinic. (r) Transfer of Credit. A school shall not grant transfer credit from another institution unless the following standards are met: (1) The school from where credit is being transferred shall be licensed or approved by the educational licensing authority in the state in which it operates, or be exempt by statute; (2) The school from where credit is being transferred shall provide an official transcript; (3) Courses for which credit is granted shall be parallel in content and intensity to the courses presently offered by the school; and (4) Documentation of previous training shall be included in each student’s permanent file. (s) Advanced placement. A school may only grant advanced placement to a student, or exempt the student from curriculum PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1233 requirements, based on the student’s performance on an examination which the school administers to determine competency in that subject area. Such advanced placement or exemption shall not exceed thirty-five percent (35%) of the total number of hours in the program. (t) Ethical requirements in advertising. The following requirements pertain to all advertising and promotional activities conducted by, or on behalf of the school, including such media utilized as print, broadcast, verbal presentations, data transfer technologies, videotape, or audiotape: (1) Educational programs and services offered shall be the primary emphasis of all advertisements, publications, promotional literature, and recruitment activities, whether distributed to prospective students or the general public. (2) All statements and representations made shall be clearly worded, factually accurate, and current. Supporting information shall be kept on file and available for review. All advertising and promotional materials shall include the correct name and location of the school. (3) The school shall not falsely represent its facilities in photographs, illustrations, or through other means. (4) The school catalog or bulletin shall contain all information required in Paragraph (v) herein. (5) All advertising and promotional activities shall clearly indicate that massage and bodywork training and not employment is being offered. No overt or implied claim of individual employment shall be made. No false or deceptive statements regarding employment opportunities or earning potential in the field of massage and bodywork as a result of the completion of the course of study shall be used to solicit students. (6) Letters of endorsement, commendation, or recommendation in favor of a school shall be used for advertising or promotion only with the written consent of the author without any offer of financial compensation, and only when such letters portray current conditions or facts. Letters shall contain the date they were received, shall be kept on file and be subject to inspection. (7) Programs that use placement information in advertisements, catalogs or other printed documentation shall corroborate the data. (8) School literature and advertisements shall not quote "high top"or “up to” salaries unless they also indicate the normal range or starting salaries for graduates. (9) Schools offering programs which are not approved by the Board shall clearly identify which programs are Board approved. (10) Schools shall accurately describe requirements for state licensure. (11) The school shall not defame competitors by falsely imputing to them dishonorable conduct, inability to perform on contracts, or by the false disparagement of the character, nature, quality, values, or scope of their educational services, or in any other material respect. (u)The school shall execute a Student Enrollment Agreement for training with every student. A copy of the executed agreement shall be provided to the student. At a minimum, such agreement shall contain the following: (1) Name and telephone number of the school; location of where the student will attend classes. (2) Student’s name, address, telephone number, social security number. (3) Name of the program in which student is enrolling; number of clock or credit hours of the program; beginning and ending dates; length of program in weeks or months; expected graduation date. (4) Program tuition and all related costs, including application and registration fees, and estimated cost of books and supplies. (5) Refund and cancellation policies, including buyer’s right to cancel. (6) Payment methods, including cash, installment payment plans, or financial aid (as applicable); interest charged; methods used to collect delinquent tuition. (7) Placement guarantee disclaimer. (8) Grounds for dismissal from the school. (9) Statement referencing the school catalog and student handbook as a legal part of the enrollment agreement. (10) Statement certifying that student has read and understands all terms of the enrollment agreement. (11) Signature lines for school official and student. (v)The school shall publish a catalog or bulletin which is certified by an authorized official of the school as being current, true, and correct in content and policy. The catalog shall include the following information: (1) School name, location address, phone number. (2) Volume number and date of publication. (3) Ownership structure, including type of legal entity and names of owners, Board of Directors members, or academic officers at public institutions. (4) Names and titles of all instructional and key administrative staff. (5) Statement of school mission, philosophy, and educational program objectives. (6) School history and identification of all licenses, approvals or accreditations which the school maintains. (7) Definition of measurement of program, whether in clock hours or credit hours. (8) Detailed course descriptions, including number of hours for each course. (9) Graduation requirements, including type of credential issued upon graduation. PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1234 (10) Requirements for licensure, certification or registration of therapists in the state, province, or country in which the school operates. (11) Standards for admission and description of the school’s admissions process. (12) School calendar, including beginning and ending dates of all programs, all holidays and days off. (13) Length of time required for completion of the program. (14) Program tuition and all associated costs, including textbooks, supplies, and other expenses. (15) Refund policy. (16) Description of facilities and learning resources. (17) Student services. (18) Academic policies, including the following: (A) Grading system; (B) Standards of satisfactory academic progress; (C) Description of disciplinary procedures, including conditions for probation, suspension, dismissal or expulsion, conditions of reentrance for students dismissed for unsatisfactory academic progress; (D) Transfer of credit from other institutions; (E) Attendance requirements, make -up work, tardiness, leave of absence; (F) Standards of conduct, including a sexual harassment policy; and (G) Complaint policy, process for complaint resolution, name and address of the school regulatory agency for filing complaints when institutional process does not bring resolution. (w) Notification of changes. An approved school shall notify the Board in writing within thirty (30) days of any changes in administration, facilities, instructional staff, curriculum, or other changes that may effect the programs offered. (x) Board approval not transferable. (1) In the event of the change of ownership of a school, the approval already granted to the original owner or operator thereof shall not be transferable to the new ownership or operators. Provided, however, the Board may issue temporary operating approval for a period of ninety (90) days to a school upon its change of ownership if the school held a valid, current approval approval prior to the change, and if the Board finds that the school is likely to qualify after the change of ownership for approval under this Section. (2) For the purposes of this Paragraph, “change of ownership” is defined as, but not limited to the following situations: (A) Sale of the school; (B) Transfer of controlling interest of stock of the school or its parent corporation; (C) Merger of two or more schools; (D) Transfer of controlling interest of stock to parent corporation; (E) Transfer of assets or liabilities of school to parent corporation or owners; or (F) Change from profit to non-profit status. (y) Initial application for Board approval. The school shall submit an application for approval on a form provided by the Board, which shall be accompanied by the following: (1) A certified check for the application fee set forth in Rule .0606 herein, made payable to the Board. (2) Completed personnel qualification forms on the school director, administrative staff, instructors, and teaching assistants, with photocopies of academic transcripts, degrees, diplomas, and professional licenses and certifications for each person. (3) Job descriptions for school director, administrative staff, instructors, and teaching assistants. (4) Examples of contracts for administrative and instructional staff. (5) Detail of ownership structure of the school, and organizational chart. (6) Facility plan, including detailed floor plans with dimensions and fixtures, uses of each room, specifications on lighting, ventilation, and temperature control. (7) Equipment list, including furniture, office equipment, and instructional equipment for classroom. (8) Copy of deed if school owns its facility, or copy of lease if school does not own its facility. (9) Copies of reports from city or county inspections for fire, safety, health, and sanitation, made within the three months prior to submission of application for approval. (10) Statement of Financial Affirmation; copies of the school’s financial statements for the previous fis cal year; letter from a Certified Public Accountant affirming that the school is in compliance with the requirements of Paragraph (h), herein. (11) Copy of the application for admission which is submitted by prospective students; copies of materials used to document the admission process with applicants. (12) Copies of the forms used for documentation of attendance, missed class make-up work, student academic progress, grades earned, notification of unsatisfactory progress and notification of disciplinary action. PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1235 (13) Copy of the educational credential granted to students who complete the program; example of transcript issued by the school. (14) Core Program Requirements Form; copies of course curricula; copies of course syllabi; one example lesson plan for each course; school calendar for the current academic year. (15) List of student to instructor ratios for each course offered. (16) List of learning resources provided by the school, including numbers of books, periodicals, and other informational materials in the school library. If the school has no library, include copy of the agreement for use of another facility, with its list of resources. (17) Copies of all advertisements and promotional materials from the previous year, including website addresses and tapes of broadcast advertisements. (18) Copy of the Student Enrollment Agreement issued by the school. (19) Catalog Certification Form; copy of the current school catalog or bulletin, with accompanying student handbook (if applicable). (20) As applicable, copy of state license or approval to operate school, or citation of statutory exemption; copy of certificate of accreditation (if applicable). (z) Application for Board approval of additional programs. An approved school shall submit an application for approval of an additional program on a form provided by the Board, which shall be accompanied by the following: (1) A certified check for the application fee set forth in Rule .0606 herein, made payable to the Board. (2) Core Program Requirements Form; copies of course curricula; copies of course syllabi; one example lesson plan for each course; school calendar for the current academic year. (3) List of student to instructor ratios for each course offered. (4) Copy of the educational credential granted to students who complete the program; example of transcript issued by the school. (5) Copy of the school catalog or bulletin which describes the additional program. (6) Complete documentation of any other requirement set forth in Paragraph (y), herein, which is different than what the school documented in its initial application for approval, or what has been documented in its most recent application for renewal of approval. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0603 DOCUMENTATION OF SUCCESSFUL COMPLETION (a) In order to be acknowledged as having successfully completed a course of study as required by G.S. 90-629(4), an applicant for licensure must submit an official transcript to the Board’s administrative office. (b) Such transcript must document to the satisfaction of the Board that the applicant has completed all requirements in a course of study which that meets the minimum curriculum standards set forth in this section, Section, and shall indicate the following: (1) Passing grades in all courses; (2) Dates of attendance; (3) Date of graduation or successful completion of the entire program; and (4) Total number of supervised classroom hours of instruction. instruction; and (5) Credential awarded, whether a certificate, diploma, or degree. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0604 APPROVAL DESIGNATION (a) A school which that is approved by the Board may utilize the designation, “Approved by the North Carolina Board of Massage and Bodywork Therapy,” or “N.C. Board Approved.” An approved school may utilize this designation only to promote a program in massage and bodywork therapy, and shall not utilize this designation to promote any other program. (b) A school which that is in the application process for approval, and which that has not been granted approval by the Board, shall not publish or promote the fact that it has applied for such approval, and shall not utilize terms such as “approval pending.” Authority G.S. 90-626(9); 90-631; 21 NCAC 30 .0605 VERIFICATION OF COMPLIANCE In order to verify that a school is in compliance with the standards for approval set forth in this Section, the Board may inspect a school during the application process, or at any time after approval has been granted. Such inspection may include the school's physical facilities, equipment, learning materials, class observation and records. Such inspection may also include interviews with members of the school's administrative staff, instructional staff, or student body. The Board may also interview or survey graduates of the school, or employers of the school's graduates. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0607 DISCIPLINARY SANCTIONS; REPORTING REQUIREMENTS (a) The Board may utilize disciplinary sanctions for schools set forth in Rule .0905(b) of this Chapter if the applicant for approval, or holder of such approval: (1) fails to maintain, at any time, the requirements for approval set forth in this Section; (2) fails to require its students to complete the minimum standards in order to graduate; (3) submits documents to the Board that contain false or misleading information; (4) fails to allow authorized representatives of the Board to conduct inspections of the school, or PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1236 refuses to make available to them at any time full information pertaining to the requirements for approval set forth in this Section; (5) violates any statute or rule required for licensure or approval of that school by its educational licensing authority; or (6) violates any applicable rule of this Section. (b) An approved school that is accredited by an agency recognized by the United States Department of Education (USDE) shall notify the Board in writing within 30 days of any notification it receives from its accrediting agency or the USDE Office of Postsecondary Education of a show cause action, probation action, or denial of accreditation. (c) An approved school outside the State shall notify the Board in writing within 30 days of any notification it receives from its state, provincial, territorial or national licensing or approval authority of non-compliance with its regulatory standards, or disciplinary actions. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0608 AUTHORITY TO OPERATE (a) A proprietary school shall provide documentation to the Board that it is licensed or approved by the regulatory authority for schools of massage and bodywork therapy in the state or territory in which it operates, or is exempt by statute. (b) A regionally accredited post-secondary institution within the State that offers a certificate, diploma, or degree program in the field of massage and bodywork therapy shall have approval to conduct such program from the State Board of Community Colleges or the University of North Carolina. (c) A regionally accredited post-secondary institution outside North Carolina that offers a certificate, diploma, or degree program in the field of massage and bodywork therapy shall have approval from the regulatory authority in the state or territory in which it operates. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0609 PROGRAM DIRECTOR, ADMINISTRATIVE STAFF AND QUALIFICATIONS (a) One person shall be designated as the program director. This person may be titled as director, or in the case of programs at post-secondary institutions, department chair or program coordinator. The director is the person directly responsible for all facets of the program’s operation, including: curriculum, methods of instruction, employment, training and evaluation of administrative and instructional staff, maintenance of proper administrative records, financial management, recruitment of students, and maintenance of school plant and equipment. The program director or department chair shall have the following qualifications: (1) be a graduate of a regionally accredited college or university and hold a baccalaureate degree or have at least five years of professional experience in the field of massage and bodywork therapy; and have at least two years experience as a lead instructor in one or more of the core curriculum courses that are presented in the school’s curriculum or have at least two years experience in education administration; or (2) possess qualifications that are equivalent to the requirements prescribed in Subparagraph (1) of Paragraph (a) of this Rule that may be approved individually by the Board. (b) If the program director does not have experience in either the professional practice of massage and bodywork therapy, or massage and bodywork therapy education, the school shall have a director of education on staff to manage the areas of curriculum and lesson plan development, instructional methods, and training and evaluation of instructional staff. The director of education shall have the following qualifications: (1) be a graduate of a regionally accredited college or university and have at least five years of professional experience in the field of massage and bodywork therapy; or (2) have at least two years experience as a lead instructor in one or more of the school's core curriculum courses, or have at least two years experience in massage therapy education administration or teacher training. (c) Other key administrative staff members who oversee or direct such areas as operations, admissions, financial aid, or student services shall have the following qualifications: (1) be a high school graduate or its equivalent; and (2) have at least one year of professional experience in their area of their job responsibility, or have received training from the school sufficient to perform their defined job responsibilities. (d) The school shall have administrative staff to support the number of students enrolled. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0610 INSTRUCTIONAL STAFF QUALIFICATIONS (a) The requirements in this Rule are intended to assure that instructors, as defined in Rule .0602(3) of this Section, are competent in the fundamental knowledge and methodology of teaching, and possess a professional level of skills, knowledge and practical experience in every subject they teach in the program. (b) Instructors shall be trained in teaching methods, that shall include: (1) presentation skills; (2) development and implementation of lesson plans; (3) dynamics of the teacher/student relationship; (4) management of the classroom environment; (5) evaluation of student performance; (6) instructional strategies for the adult learner; (7) accommodations for students with special needs; and (8) knowledge of the school’s administrative policies and procedures. (c) Instructors shall be trained in the subject taught, and shall have: (1) at least two years of professional experience in the subject area; and PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1237 (2) have received certification in the subject area if such certification is available. (d) Instructors shall have one of the following professional credentials: (1) be licensed under the Practice Act for at least two years; or (2) have a baccalaureate degree from a regionally accredited post-secondary institution and have at least 12 semester credit hours of academic course work in the subject area they teach from such institution; or (3) be a licensed physician, dentist, chiropractor, osteopath, registered nurse, physical therapist, occupational therapist, or acupuncturist; or (4) for schools and instructors outside the State, hold a state license or certification in massage and bodywork therapy for at least two years; if no such credential is available, hold a valid certification from a certifying agency that is approved by the National Commission of Certifying Agencies for at least two years. (e) Teaching assistants, as defined in Rule .0602(4) of this Section, shall have the following qualifications: (1) assistants in courses related to the theory and practice of massage and bodywork therapy shall be licensed under the Practice Act, and shall have training in the subject area of the course. (2) assistants in courses other than the theory and practice of massage and bodywork therapy shall have training in the subject area of the course, in addition to one of the following qualifications: (A) be licensed under the Practice Act; or (B) have at least one year of professional experience in the subject area; or (C) have at least six semester credit hours of academic course work in the subject area from a regionally accredited post-secondary institution. (f) The school shall observe, evaluate, and document the performance of every instructional staff member at least once in each course taught to assure that competency in teaching methods and subject area is maintained. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0611 APPROVAL PROCESS FOR KEY ADMINISTRATIVE AND INSTRUCTIONAL STAFF (a) Key administrative staff, instructors and teaching assistants, as defined in Rule .0602 of this Section, must be approved by the Board before performing their job functions at a Board-approved school. (b) The school shall submit an application for each key administrative staff member, instructor, and teaching assistant on a form provided by the Board, which shall be accompanied by the following documentation: (1) copies of all academic diplomas or degrees; (2) official school transcripts from all post-secondary institutions; (3) copies of occupational licenses and certifications; (4) a record of work experience in the field; and (5) a record of training in teaching methods. (c) In all cases, the burden of proof shall be on the school to demonstrate that each key administrative staff member meets the qualifications set forth in Rule .0609 of this Section, and that each instructor and teaching assistant meets the qualifications set forth in Rule .0610 of this Section. (d) The requirements of this Rule shall not apply to guest instructors who provide no more than three hours of instruction in a program. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0612 MANAGEMENT OF STAFF (a) The school shall have written job descriptions with performance standards for each administrative and instructional position on its staff. (b) The school shall execute a written employment agreement or contract with each staff member, whether such staff member works in a full-time or part-time capacity, or is an employee or an independent contractor. (c) The school shall conduct and document an annual performance review for each staff member. (d) The school shall maintain a file for all staff members, that shall contain their original application for Board approval with all accompanying documentation, current employment agreement or contract, and annual performance reviews. The school shall keep each file current, with copies of their most recent occupational licenses, certifications, documentation of continuing education, and academic transcripts. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0613 SCHOOL PLANT AND EQUIPMENT (a) The school plant, premises, and facilities shall be safe and sanitary and shall be in compliance with the statutory provisions and the rules and regulations of all local ordinances pertaining to fire, safety, health, and sanitation. Classrooms shall have sufficient lighting, ventilation, and temperature control to provide a comfortable learning environment for students. (b) The equipment, supplies, and instructional materials of the school shall be adequate in type, quality, and amount for each course offered by the school. These shall also meet all requirements of statutory provisions, and rules and regulations of all local ordinances pertaining to fire, safety, health, and sanitation. (c) The school shall have an annual inspection from the city or county agencies that determine compliance with requirements for fire, safety, health, and sanitation in its jurisdiction. (d) For classes conducted in the practice of massage and bodywork therapy, the school shall provide at least 70 square feet of classroom space per treatment table, exclusive of fixed items in the classroom. There shall be one therapy treatment table, adjustable in height, for every two students in such classes. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0614 FINANCIAL MANAGEMENT PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1238 SYSTEMS AND ECONOMIC STABILITY (a) The school shall maintain a sound financial structure, with resources sufficient for its ongoing operations and the discharge of its obligations to the students and staff. To demonstrate this, the school shall: (1) maintain financial management systems that assure reliability, accountability and effective use of financial resources, that provide accurate information for assessing the financial condition of the institution, and that assure the accuracy and security of records; and (2) provide annually a review or audit, prepared in accordance with Generally Accepted Accounting Principles by an independent certified public accountant. This annual financial statement shall demonstrate that the current assets of the school exceed the current liabilities, and that there was a positive net working capital for the prior year. If the school does not meet the above requirements, the Board shall require a financial improvement plan, teach-out plan, or form of surety guaranteeing that the resources are sufficient to protect the current students. If the Board determines that the school does not have sufficient resources, it may take disciplinary actions pursuant to Rule .0905(b) of this Chapter up to and including revocation of approval. (b) The Board may request a credit report on a school. (c) The school shall maintain professional liability insurance to guarantee the fiscal viability of the school in the case of a claim of malpractice related to massage and bodywork therapy performed as a part of the school's instructional program. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0615 STUDENT RECRUITMENT In its recruitment of students, an approved school shall: (1) not use employment agencies to recruit prospective students, or place advertisements in help-wanted sections of classified advertisements, or otherwise lead prospective students to believe they are responding to a job opportunity. (2) ensure that its recruiting agents and other personnel do not make false or misleading statements about the institution, its personnel, its programs, its services, its approval status, its accreditation, or any other pertinent information. (3) inform each student accurately about financial assistance and obligations for repayment of loans. (4) not make explicit or implicit promises of employment or salary expectations to prospective students. (5) not permit the payment of cash or other nonmonetary incentives to any student or prospective student as an inducement to enroll; nor shall it use the word "free" or its synonyms in reference to any equipment, tuition, books, or other items in conjunction with recruiting or advertising; and (6) adhere to ethical practices in all aspects of the recruiting process, ensuring that its personnel do not discredit other institutions by falsely imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or similar negative characteristics; making other false representations; or by disparaging the character, nature, quality, value or scope of their program of instruction or services; or by demeaning their students. The school shall also ensure that its personnel do not knowingly influence any student to leave another institution or encourage a student to change plans after signing an enrollment application and paying a registration fee to another institution. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0616 ADMISSIONS (a) The school shall maintain admission policies and procedures that are fully disclosed and administered consistently. (b) The school shall regularly conduct an orientation session for persons who have applied for admission, or who are considering application for admission. Such orientation shall include an overview of the program's educational objectives and curriculum, the academic and physical requirements of the program, existing employment opportunities in the field, the time and financial requirements of the program, and state requirements for licensure. (c) Admissions standards shall be designed to ensure that only those applicants are admitted who have the cognitive, motor and behavioral skills and moral character necessary to successfully complete the program and to practice massage and bodywork therapy in a safe and effective manner. (d) The school shall conduct a pre-enrollment interview with each applicant to determine their qualifications. The information gathered from this interview shall be evaluated with all written documentation submitted by the applicant before the school renders a decision on their application. (e) The school shall maintain written documentation of the basis for admission of the student. Such records shall include copies of high school diploma or transcripts, proof of age, and other specific admission requirements of the school. (f) Documentation shall be maintained, for at least three years, of the reasons for the denial of admission of any student. (g) A school may enroll students in individual courses not leading to a credential. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0617 TUITION, REFUNDS AND FINANCIAL AID (a) The school shall fully and clearly disclose tuition and all related program costs to prospective students. PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1239 (b) Tuition policies shall be published in the school catalog or bulletin. Such policies shall address adjustment of charges in the case of: (1) cancellation of enrollment within 72 hours of signing a student enrollment agreement; (2) student withdrawal before the program start date; (3) student withdrawal after the program start date; (4) student dismissal; and (5) cancellation of program by the school. (c) All students who enroll in the same program shall be charged the same amount for tuition. This does not preclude the school from raising tuition, from granting scholarships, from granting cash discounts to students for advance payment of tuition, or in the case of public institutions, from charging differential rates to residents and non-residents. (d) The school shall maintain a refund policy as follows: (1) Proprietary schools shall base refunds on a percentage of the program actually completed by the student. Such policy shall grant refunds at least up to and including the 25% point of the program. Refunds shall be calculated from the last date of attendance and made within 30 days of the date of withdrawal or dismissal; and (2) Programs offered by post-secondary colleges or universities shall follow the refund policy set forth by the applicable governing body or regulatory agency. (e) The school catalog or bulletin shall accurately describe any financial aid programs in which the school participates, and shall distinguis h in meaning between the terms "scholarship," "grant," "loan," and "financial aid." Schools that administer Title IV funds shall also include in its catalog and all advertising an eligibility phrase such as, "Financial aid available for those who qualify." Schools that do not administer Title IV funds shall not use the term "financial aid." Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0618 PROGRAM REQUIREMENTS Pursuant to G.S. 90-631(1), programs shall meet the following requirements: (1) The school shall develop and adhere to a set of educational objectives that describe the intended skills, knowledge, and attitudes that the program is designed to develop in the student by the completion of such program; (2) The program shall have a core curriculum of at least 500 classroom hours of supervised instruction. Such core curriculum shall contain the following hours of specific course work that are consistent with the school's mission and educational objectives: (a) 200 hours in the fundamental theory and practice of massage and bodywork therapy that is designed to produce comprehensive entry-level skills in the application of direct manipulation to the soft tissues of the human body, and is based in therapeutic methods consistent with the definition set forth in G.S. 90- 622(3) such as swedish massage, acupressure, shiatsu, deep muscle massage, trigger point therapy, and connective tissue bodywork. Of the 200 hours in this category, at least 100 hours shall be in the application of hands-on methods; the balance of such hours shall include client assessment skills, indications and contraindications for treatment, body mechanics, draping procedures, standard practices for hygiene and control of infectious diseases, and the history of massage and bodywork therapy; (b) 100 hours in anatomy and physiology related to the practice of massage and bodywork therapy, that shall include the structure and function of the human body and common pathologies; (c) 15 hours in professional ethics, and North Carolina laws and rules for the practice of massage and bodywork therapy; (d) 15 hours in business management practices related to the practice of massage and bodywork therapy; (e) 20 hours in psychology related to the practice of massage and bodywork therapy, including dynamics of the client/therapist relationship, professional communication skills, the mind-body connection, and boundary functions; and (f) 150 hours in other courses related to the practice of massage and bodywork therapy; such courses may include additional hands-on techniques, specific applications, adjunctive modalities, in-depth anatomy and physiology, kinesiology, psychology, movement education, or supervised clinical practice. First Aid or CPR shall not be included in this category. Techniques that are considered exempt from licensure pursuant to G.S. 90-624(6) or (7), and that are further defined by Rule .0203(a), herein, shall not be included in this category. (3) For programs that include a student clinic or fieldwork experiential component, such hours shall not exceed 100 hours of the minimum requirement set forth in Paragraph (2)(f) of this Rule, All such work shall be directly supervised and evaluated by an instructional staff member; PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1240 (4) For programs that include an externship component, such hours shall not be included in the requirements set forth in Paragraph (2) of this Rule, and shall not comprise more than 20% of the total program hours. All such work shall be supervised by a person at the externship site who is acceptable to the school, and shall be monitored and evaluated by the school. (5) Programs shall consist of a series of courses that are organized in a logical sequence, and that are consistent with the educational objectives. Sequential organization means that within a course, each class prepares students for the next class; overall, each course gives students the skills and knowledge necessary for the next course. Material is not presented unless students have the necessary skills and knowledge to utilize that material safely and effectively; (6) Course titles shall match the content of the course; published course descriptions shall accurately reflect the specific learning objectives of each course; sufficient hours are allotted to each course to allow students to gain competence in the subject areas covered; (7) A course curriculum is developed for each course, that shows the basic content of each individual class in the course, in the sequence presented; (8) Course requirements and competencies are consistent from instructor to instructor. Teaching materials, including detailed lesson plans, are developed and maintained for each course to ensure such consistency. Teaching methods are appropriate to course content, and to diverse learning styles; (9) Programs shall be at least 24 weeks in length, with no more than 9 instructional hours in one day. There shall be no more than 2 hours of instruction without a break. There shall be no more than 4 hours of instruction without a meal break; (10) For a student to receive credit in a course, the school shall require students to attend no less than 75% of the instructional hours, and to make up all missed instructional hours according to the procedures established by the school; (11) A syllabus shall be developed for each course, and provided to students prior to the beginning of instruction. The syllabus shall include the following elements: course title, course description, learning objectives, teaching methodologies, total number of instructional hours, meeting dates and class times, assignments, textbooks, evaluation methods, quiz and examination dates, and performance standards; (12) For post-secondary institutions, courses that fulfill the requirements set forth in Paragraph (2) of this Rule shall support the program in massage and bodywork therapy. Courses in addition to these requirements may include courses from other departments or programs that are relevant to the practice of massage and bodywork therapy; and (13) For classes that involve hands-on practice, the student to instructor ratio shall not exceed 16 to 1. Both instructors and teaching assistants, as defined in Rule .0602 of this Section, shall be considered in calculating these ratios. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0619 STUDENT RECORDS AND ACADEMIC PROGRESS (a) The school shall maintain current, complete, and accurate records on each student. Such records shall show attendance, academic progress, grades, date entered, dates attended, courses studied, program completed, and date of graduation. (b) Records shall be maintained in perpetuity, shall be stored in such a manner as to ensure their confidentiality, and shall be safe from theft, fire, or other possible loss. (c) Students and graduates shall be allowed access to their records. Transcripts shall be released upon written request from students and graduates. (d) All school policies, including those relating to satisfactory attendance, academic progress, and conduct shall be enforced by the school. Students shall be notified when completion standards are not being met. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0620 EDUCATIONAL CREDENTIAL ISSUED; GRADUATES' PASS RATE ON NATIONAL EXAMINATIONS (a) Upon completion of the program, the student shall be given a certificate, diploma, or degree stating that the educational requirements have been met and the program has been successfully completed. (b) Such credentials are only granted to students who have completed the entire program for which the student enrolled. (c) The school shall authorize agencies that conduct national certification examinations that are accepted by the Board as meeting the requirement of G.S. 90-629(5) to report directly to the Board the pass rate of the school's graduates on such examinations. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0621 LEARNING RESOURCES The school shall provide sufficient learning resources to students and instructional staff to support the educational objectives of the program as follows: (1) The school shall maintain a library or resource center that contains books, periodicals, and other informational materials in the field of massage and bodywork therapy. As an alternative, the school may have a contractual agreement with another facility to provide access to such resources; and PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1241 (2) All other resources, such as charts, models, or videotapes, shall be maintained in good condition. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0622 STANDARDS OF PROFESSIONAL BEHAVIOR (a) The following standards of professional behavior shall apply to instructional staff, administrative staff and students: (1) Conduct shall be in accordance with Standards of Practice set forth in Section .0500 of this Chapter. (2) Nudity is not permitted where massage and bodywork therapy is taught or practiced. For the purpose of this section, "nudity" is defined as exposure of the genital or anal area for men or women, or the breast area for women. The only exception shall be for treatment to the breast area while utilizing therapeutic techniques; and (3) The school shall provide a private area where persons receiving therapeutic treatments may dress or undress, whether for in-class practice or treatments performed in a student clinic. As an alternative, the school may provide instruction to persons receiving therapeutic treatments in the procedure of undressing while on the treatment table under a full sheet covering. (b) The requirements of this Rule shall apply to all school facilities, as well as any other location where staff or students are demonstrating or delivering therapeutic treatments as a part of course requirements. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0623 SCHOOL COMPLAINT POLICY The school shall administer an internal complaint policy for students and staff, and shall maintain a complaints file that provides the following information: (1) Person(s) filing complaint and date filed; (2) Nature of complaint and person(s) involved; (3) Response(s) to complaint by school; and (4) Resolution of complaint. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0624 STUDENT COMPENSATION PROHIBITED A student enrolled in a Board-approved school shall not receive a fee or other consideration for the massage and bodywork therapy they perform while completing clinical requirements for graduation, whether or not the school charges a fee for services provided in a student clinic. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0625 TRANSFER OF CREDIT; ADVANCED PLACEMENT (a) A school shall not grant transfer credit from another institution unless the following standards are met: (1) The school from where credit is being transferred shall be licensed or approved by the educational licensing authority in the state in which it operates, or be exempt by statute; (2) The school from where credit is being transferred shall provide an official transcript; (3) Courses for which credit is granted shall be parallel in content and intensity to the courses presently offered by the school; and (4) Documentation of previous training shall be included in each student's permanent file. (b) A school may only grant advanced placement to a student, or exempt the student from curriculum requirements, based on the student's performance on an examination that the school administers to determine competency in that subject area. Such advanced placement or exemption shall not exceed 35% of the total number of hours in the program. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0626 ETHICAL REQUIREMENTS IN ADVERTISING The following requirements pertain to all advertising and promotional activities conducted by, or on behalf of the school, including such medi
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Title | North Carolina register |
Date | 2004-02-02 |
Description | Volume 18, Issue 15, (February 2, 2004) |
Digital Characteristics-A | 868 KB; 159 p. |
Digital Format |
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Pres Local File Path-M | \Preservation_content\StatePubs\pubs_borndigital\images_master\ |
Full Text | NORTH CAROLINA REGISTER Volume 18, Issue 15 Pages 1218 - 1372 February 2, 2004 This issue contains documents officially filed through January 9, 2004. Office of Administrative Hearings Rules Division 424 North Blount Street (27601) 6714 Mail Service Center Raleigh, NC 27699-6714 (919) 733-2678 FAX (919) 733-3462 Julian Mann III, Director Camille Winston, Deputy Director Molly Masich, Director of APA Services Ruby Creech, Publications Coordinator Julie Brincefield, Editorial Assistant Linda Dupree, Editorial Assistant Dana Sholes, Editorial Assistant IN THIS ISSUE I. IN ADDITION Voting Rights Letter.......................................................1218 II. PROPOSED RULES Commerce Cemetery Commission ..............................................1219 Justice Private Protective Services Board ...........................1219 - 1221 Licensing Boards Funeral Services, Board of........................................1262 - 1268 Massage and Bodywork Therapy, Board of...........1221 - 1249 Medical Board .............................................................1249 - 1262 Nursing, Board of.......................................................1268 - 1276 III. APPROVED RULES ...................................................1277 - 1342 Administration State Construction Office Environment and Natural Resources Environmental Management Health Services Health and Human Services Children’s Services Medical Care Commission Labor Elevator and Amusement Device Division Wage and Hour Licensing Boards Chiropractic Examiners, Board of Dental Examiners, Board of Nursing, Board of Plumbing, Heating & Fire Sprinkler Contractors State Personnel State Personnel Commission Transportation Highways, Division of Treasurer Local Government Commission IV. RULES REVIEW COMMISSION..........................1343 - 1346 V. CONTESTED CASE DECISIONS Index to ALJ Decisions.................................................1347 - 1352 Text of Selected Decisions 02 DHR 2212 ..............................................................1353 - 1355 02 INS 1306.................................................................1356 - 1361 03 DHR 0567 ..............................................................1362 - 1365 03 DOJ 1925................................................................1366 - 1369 03 EHR 1125...............................................................1370 - 1372 For the CUMULATIVE INDEX to the NC Register go to: http://oahnt.oah.state.nc.us/register/CI.pdf North Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC 27601. North Carolina Register (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to the North Carolina Register, 6714 Mail Service Center, Raleigh, NC 27699-6714. NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM The North Carolina Administrative Code (NCAC) has four major classifications of rules. Three of these, titles, chapters, and sections are mandatory. The major classification of the NCAC is the title. Each major department in the North Carolina executive branch of government has been assigned a title number. Titles are further broken down into chapters which shall be numerical in order. Subchapters are optional classifications to be used by agencies when appropriate. NCAC TITLES TITLE 21 LICENSING BOARDS TITLE 24 INDEPENDENT AGENCIES 1 ADMINISTRATION 2 AGRICULTURE & CONSUMER SERVICES 3 AUDITOR 4 COMMERCE 5 CORRECTION 6 COUNCIL OF STATE 7 CULTURAL RESOURCES 8 ELECTIONS 9 GOVERNOR 10A HEALTH AND HUMAN SERVICES 11 INSURANCE 12 JUSTICE 13 LABOR 14A CRIME CONTROL & PUBLIC SAFETY 15A ENVIRONMENT &NATURAL RESOURCES 16 PUBLIC EDUCATION 17 REVENUE 18 SECRETARY OF STATE 19A TRANSPORTATION 20 TREASURER 21* OCCUPATIONAL LICENSING BOARDS 22 ADMINISTRATIVE PROCEDURES (REPEALED) 23 COMMUNITY COLLEGES 24* INDEPENDENT AGENCIES 25 STATE PERSONNEL 26 ADMINISTRATIVE HEARINGS 27 NC STATE BAR 28 JUVENILE JUSTICE AND DELINQUENCY PREVENTION 1 Acupuncture 2 Architecture 3 Athletic Trainer Examiners 4 Auctioneers 6 Barber Examiners 8 Certified Public Accountant Examiners 10 Chiropractic Examiners 11 Employee Assistance Professionals 12 General Contractors 14 Cosmetic Art Examiners 16 Dental Examiners 17 Dietetics/Nutrition 18 Electrical Contractors 19 Electrolysis 20 Foresters 21 Geologists 22 Hearing Aid Dealers and Fitters 25 Interpreter/Transliterator (Reserved) 26 Landscape Architects 28 Landscape Contractors 29 Locksmith Licensing Board 30 Massage & Bodywork Therapy 31 Marital and Family Therapy 32 Medical Examiners 33 Midwifery Joint Committee 34 Funeral Service, Board of 36 Nursing 37 Nursing Home Administrators 38 Occupational Therapists 40 Opticians 42 Optometry 44 Osteopathic Examination (Repealed) 45 Pastoral Counselors, Fee-Based Practicing 46 Pharmacy 48 Physical Therapy Examiners 50 Plumbing, Heating & Fire Sprinkler Contractors 52 Podiatry Examiners 53 Professional Counselors 54 Psychology Board 56 Professional Engineers & Land Surveyors 57 Real Estate Appraisal Board 58 Real Estate Commission 60 Refrigeration Examiners 61 Respiratory Care Board 62 Sanitarian Examiners 63 Social Work Certification 64 Speech & Language Pathologists & Audiologists 65 Therapeutic Recreation Certification 66 Veterinary Medical Board 68 Substance Abuse Professionals 69 Soil Scientists 1 Housing Finance 2 Agricultural Finance Authority 3 Safety & Health Review Board 4 Reserved 5 State Health Plan Purchasing Alliance Board Note: Title 21 contains the chapters of the various occupational licensing boards and Title 24 contains the chapters of independent agencies. NORTH CAROLINA REGISTER Publication Schedule for January 2004 – December 2004 FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY RULES Volume & issue number Issue date Last day for filing Earliest date for public hearing End of required comment period Deadline to submit to RRC for review at next meeting Earliest Eff. Date of Permanent Rule Delayed Eff. Date of Permanent Rule (first legislative day of the next regular session) 270th day from publication in the Register 18:13 01/02/04 12/08/03 01/17/04 03/02/04 03/22/04 05/01/04 05/10/04 09/28/04 18:14 01/15/04 12/19/03 01/30/04 03/15/04 03/22/04 05/01/04 05/10/04 10/11/04 18:15 02/02/04 01/09/04 02/17/04 04/02/04 04/20/04 06/01/04 01/26/05 10/29/04 18:16 02/16/04 01/26/04 03/02/04 04/16/04 04/20/04 06/01/04 01/26/05 11/12/04 18:17 03/01/04 02/09/04 03/16/04 04/30/04 05/20/04 07/01/04 01/26/05 11/26/04 18:18 03/15/04 02/23/04 03/30/04 05/14/04 05/20/04 07/01/04 01/26/05 12/10/04 18:19 04/01/04 03/11/04 04/16/04 06/01/04 06/21/04 08/01/04 01/26/05 12/27/04 18:20 04/15/04 03/24/04 04/30/04 06/14/04 06/21/04 08/01/04 01/26/05 01/10/05 18:21 05/03/04 04/12/04 05/18/04 07/02/04 07/20/04 09/01/04 01/26/05 01/28/05 18:22 05/17/04 04/26/04 06/01/04 07/16/04 07/20/04 09/01/04 01/26/05 02/11/05 18:23 06/01/04 05/10/04 06/16/04 08/02/04 08/20/04 10/01/04 01/26/05 02/26/05 18:24 06/15/04 05/24/04 06/30/04 08/16/04 08/20/04 10/01/04 01/26/05 03/12/05 19:01 07/01/04 06/10/04 07/16/04 08/30/04 09/20/04 11/01/04 01/26/05 03/28/05 19:02 07/15/04 06/23/04 07/30/04 09/13/04 09/20/04 11/01/04 01/26/05 04/11/05 19:03 08/02/04 07/12/04 08/17/04 10/01/04 10/20/04 12/01/04 01/26/05 04/29/05 19:04 08/16/04 07/26/04 08/31/04 10/15/04 10/20/04 12/01/04 01/26/05 05/13/05 19:05 09/01/04 08/11/04 09/16/04 11/01/04 11/22/04 01/01/05 01/26/05 05/29/05 19:06 09/15/04 08/24/04 09/30/04 11/15/04 11/22/04 01/01/05 01/26/05 06/12/05 19:07 10/01/04 09/10/24 10/16/04 11/30/04 12/20/04 02/01/05 05/00/06 06/28/05 19:08 10/15/04 09/24/04 10/30/04 12/14/04 12/20/04 02/01/05 05/00/06 07/12/05 19:09 11/01/04 10/11/04 11/16/04 12/31/04 01/20/05 03/01/05 05/00/06 07/29/05 19:10 11/15/04 10/22//04 11/30/04 01/14/05 01/20/05 03/01/05 05/00/06 08/12/05 19:11 12/01/04 11/05/04 12/16/04 01/31/05 02/21/05 04/01/05 05/00/06 08/28/05 19:12 12/15/04 11/22/04 12/30/04 02/14/05 02/21/05 04/01/05 05/00/06 09/11/05 EXPLANATION OF THE PUBLICATION SCHEDULE This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling. Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6. GENERAL The North Carolina Register shall be published twice a month and contains the following information submitted for publication by a state agency: (1) temporary rules; (2) notices of rule-making proceedings; (3) text of proposed rules; (4) text of permanent rules approved by the Rules Review Commission; (5) notices of receipt of a petition for municipal incorporation, as required by G.S. 120-165; (6) Executive Orders of the Governor; (7) final decision letters from the U.S. Attorney General concerning changes in laws affecting voting in a jurisdiction subject of Section 5 of the Voting Rights Act of 1965, as required by G.S. 120-30.9H; (8) orders of the Tax Review Board issued under G.S. 105-241.2; and (9) other information the Codifier of Rules determines to be helpful to the public. COMPUTING TIME: In computing time in the schedule, the day of publication of the North Carolina Register is not included. The last day of the period so computed is included, unless it is a Saturday, Sunday, or State holiday, in which event the period runs until the preceding day which is not a Saturday, Sunday, or State holiday. FILING DEADLINES ISSUE DATE: The Register is published on the first and fifteen of each month if the first or fifteenth of the month is not a Saturday, Sunday, or State holiday for employees mandated by the State Personnel Commission. If the first or fifteenth of any month is a Saturday, Sunday, or a holiday for State employees, the North Carolina Register issue for that day will be published on the day of that month after the first or fifteenth that is not a Saturday, Sunday, or holiday for State employees. LAST DAY FOR FILING: The last day for filing for any issue is 15 days before the issue date excluding Saturdays, Sundays, and holidays for State employees. NOTICE OF TEXT EARLIEST DATE FOR PUBLIC HEARING: The hearing date shall be at least 15 days after the date a notice of the hearing is published. END OF REQUIRED COMMENT PERIOD An agency shall accept comments on the text of a proposed rule for at least 60 days after the text is published or until the date of any public hearings held on the proposed rule, whichever is longer. DEADLINE TO SUBMIT TO THE RULES REVIEW COMMISSION: The Commission shall review a rule submitted to it on or before the twentieth of a month by the last day of the next month. FIRST LEGISLATIVE DAY OF THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY: This date is the first legislative day of the next regular session of the General Assembly following approval of the rule by the Rules Review Commission. See G.S. 150B-21.3, Effective date of rules. IN ADDITION 18:15 NORTH CAROLINA REGISTER February 2, 2004 1218 This Section contains public notices that are required to be published in the Register or have been approved by the Codifier of Rules for publication. U.S. Department of Justice Civil Rights Division JDR:JR:MDS:HEW:hew:jdh Voting Section – NWB. DJ 166-012-3 950 Pennsylvania Ave., NW 2003-4072 Washington, D.C. 20530 2003-4710 December 30, 2003 George A. Weaver, Esq. 113 East Nash Street, Suite 404 Wilson, NC 27893 Dear Mr. Weaver: This refers to the county's conduct of the Town of Saratoga's municipal elections, and the temporary polling place change and change in voting method for No-Excuse One Stop Voting for Wilson County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on November 3, 2003. The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). Sincerely, Joseph D. Rich Chief, Voting Section PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1219 Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60 days. Statutory reference: G.S. 150B-21.2. TITLE 4 – DEPARTMENT OF COMMERCE Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Cemetery Commission intends to amend the rule cited as 04 NCAC 05A .0106. Proposed Effective Date: June 1, 2004 Public Hearing: Date: February 25, 2004 Time: 10:00 a.m. Location: 1110 Navaho Drive, Raleigh, NC 27609 Reason for Proposed Action: The North Carolina Cemetery Commission is a receipt supported agency. The Commission has not raised fees in over fifteen years. The Commission has been taking in less cash receipts than cash disbursements for several years and will soon be out of funds to operate. This amendment addresses that problem by raising fees as already allowed under G.S. 65-54. Procedure by which a person can object to the agency on a proposed rule: Written comments can be mailed to Valinda Barnes, North Carolina Cemetery Commission, 1001 Navaho Drive, Suite 100, Raleigh, NC 27609, (919)981-2536. Written comments may be submitted to: Valinda Barnes, North Carolina Cemetery Commission, 1001 Navaho Drive, Suite 100, Raleigh, NC 27609. Comment period ends: April 2, 2004 Procedure for Subjecting a Proposed Rule to Legislative Review: Any person who objects to the adoption of a permanent rule may submit written comments to the agency. A person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the 6th business day preceding the end of the month in which a rule is approved. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721. Fiscal Impact State Local Substantive (>$3,000,000) None CHAPTER 5 - CEMETERY COMMISSION SUBCHAPTER 5A - ORGANIZATION SECTION .0100 - GENERAL INFORMATION 04 NCAC 05A .0106 FEES In addition to the licensing and penalty fees provided by statute to this commission, the following fees are provided after May 3, 1993: June 1, 2004: (1) One dollar ($1.00) Two dollars ($2.00) per grave space, mausoleum crypt, and niche when deeded; (2) Four dollars ($4.00) Five dollars ($5.00) per vault when contracted; (3) Four dollars ($4.00) Five dollars ($5.00) per each crypt in a bank of below ground crypts or lawn crypt garden when contracted. contracted before completion or one dollar ($1.00) per each crypt when contracted after completion. An additional one dollar ($1.00) two dollars ($2.00) shall be paid for each crypt when deeded as provided in Item 1 of this Rule; (4) Four dollars ($4.00) Five dollars ($5.00) per pre-need memorial; (5) Four dollars ($4.00) Five dollars ($5.00) per pre-constructed mausoleum crypt or niche when contracted. contracted before completion or one dollar ($1.00) per crypt or niche when contracted after completion. An additional one dollar ($1.00) two dollars ($2.00) shall be paid for each crypt or niche when deeded as provided in Item 1 of this Rule; (6) All at need merchandise, cash or credit sales, do not require any assessments; (7) One dollar ($1.00) Five dollars ($5.00) per preneed opening and closing of a grave space. Authority G.S. 65-49; 65-54; 150B-19. TITLE 12 – DEPARTMENT OF JUSTICE Notice is hereby given in accordance with G.S. 150B-21.2 that the N.C. Private Protective Services Board intends to adopt the rules cited as 12 NCAC 7D .0907-.0909 and amend the rules cited as 12 NCAC 7D .0901, .0903. PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1220 Proposed Effective Date: August 1, 2004 Public Hearing: Date: February 17, 2004 Time: 2:00 p.m. Location: PPSB Conference Rm., 1631 Midtown Pl., Suite 104, Raleigh, NC Reason for Proposed Action: The Board has determined that it is in the interest of the public and the industry to formalize the requirements to obtain an unarmed guard trainer certificate. The training requirements currently are set forth in the training program for certified trainers that has been approved by both the Board and the Attorney General pursuant to G.S. 74C-13(1). Further, the Board is amending the requirements for a firearms trainer certificate to require successful completion of the unarmed training prior to completing the armed training requirements. Procedure by which a person can object to the agency on a proposed rule: Comments may be submitted to the Board in writing and addressed to the W. Wayne Woodard, Private Protective Services Board, 1631 Midtown Place, Suite 104, Raleigh, NC 27609. Written comments may be submitted to: W. Wayne Woodard, 1631 Midtown Place, Suite 104, Raleigh, NC 27609 Comment period ends: April 3, 2004 Procedure for Subjecting a Proposed Rule to Legislative Review: Any person who objects to the adoption of a permanent rule may submit written comments to the agency. A person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the 6th business day preceding the end of the month in which a rule is approved. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721. Fiscal Impact State Local Substantive (>$3,000,000) None CHAPTER 7 - PRIVATE PROTECTIVE SERVICES BOARD SUBCHAPTER 7D – PRIVATE PROTECTIVE BOARD SECTION .0900 - TRAINER CERTIFICATE 12 NCAC 07D .0901 REQUIREMENTS FOR A FIREARMS TRAINER CERTIFICATE Firearms trainer applicants shall: (1) meet the minimum standards established by 12 NCAC 07D .0703; (2) have a minimum of one year supervisory experience in security with a contract security company or proprietary security organization, or one year experience with any federal, U.S. military, state, county or municipal law enforcement agency; (3) attain a 90 percent score on a firearm's course approved by the Board and the Attorney General, with a copy of the firearm's course certificate to be kept on file in the administrator's office; and (4) successfully complete a training course approved by the Board and the Attorney General which shall consist of a minimum of 40 hours of classroom and practical range training in handgun and shotgun safety and maintenance, range operations, night firearm training, control and safety procedures, and methods of handgun and shotgun firing. firing; (5) the applicants registration fee; and (6) successfully complete the requirements of a Unarmed Trainer Certificate established by 12 NCAC 07D .0907. Authority G.S. 74C-5; 74C-13. 12 NCAC 07D .0903 FEES FOR TRAINER CERTIFICATE (a) Firearms trainer Trainer certificate fees are as follows: (1) forty dollar ($40.00) non-refundable initial application fee (this fee shall not apply to unarmed trainer applicants); and (2) twenty-five dollar ($25.00) biennial fee for a new or renewal firearms trainer certificate. (b) Fees shall be paid in the form of a check or money order made payable to the Private Protective Services Board. Authority G.S. 74C-9. 12 NCAC 07D .0907 UNARMED GUARD TRAINER CERTIFICATE To receive an unarmed guard trainer certificate, an applicant shall meet the following requirements: (1) comply with the requirements of 12 NCAC 07D .0703; (2) have a minimum of one year experience in security with contract security company or proprietary security organization, or one year experience with any federal, U.S. military, state, county or municipal law enforcement agency; (3) successfully complete a training course approved by the Board and the Attorney General which shall consist of a minimum of 24 hours classroom, instruction to include the following topic areas: PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1221 (a) civil liability for the security trainer - two hours; (b) interpersonal communications in instruction – three hours; (c) teaching adults – four hours; (d) principles of instruction - one hour; (e) methods and strategies of instruction - one hour; (f) principles of instruction: audio-visual aids – three hours, and student performance: 45 minute presentation, or possess a Criminal Justice General Instructor Certificate from North Carolina Criminal Justice Education and Training Standards Commission or any training certification approved by the Director of PPS. The Board may require any additional training it deems necessary; (4) favorable recommendation from licensee; and (5) comply with the application process for an Unarmed Trainer Certificate as set forth in 12 NCAC 07D .0908. Authority G.S. 74C-8; 74C-9; 74C-11; 74C-13. 12 NCAC 07D .0908 APPLICATION FOR AN UNARMED GUARD TRAINER CERTIFICATE Each applicant for an Unarmed Guard Trainer certificate shall submit a Board approved application. The application should be accompanied by: (1) the applicants registration fee; and (2) a certificate of successful completion of the training required. This training shall have been completed within 120 days of the submission of the application or current certificate of other acceptable certification. Authority G.S. 74C-8; 74C-9; 74C-11; 74C-13. 12 NCAC 07D .0909 RENEWAL OF AN UNARMED GUARD TRAINER CERTIFICATE Each applicant for renewal of an unarmed guard trainer certificate shall complete a renewal form approved by the board. This form shall be submitted not less than 30 days prior to the expiration of the applicant’s current certificate. In additions, the applicant shall include the following: (1) the applicants registration fee; (2) certification of a minimum of 8 hours of instruction performed during past one year; and (3) statement verifying the classes taught for the prior year on a form approved by the Board. Authority G.S. 74C-8; 74C-9; 74C-11; 74C-13. TITLE 21 – OCCUPATIONAL LICENSING BOARDS CHAPTER 30 - NC BOARD OF MASSAGE AND BODYWORK THERAPY Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Board of Massage and Bodywork Therapy intends to adopt the rules cited as 21NCAC 30 .0205-0206, .0507-.0515, .0605-.0633, .0703-.0704 and amend the rules cited as 21 NCAC 30 .0102, .0203-.0204, .0301-.0303, .0404, .0501- .0506, .0601-.0604, .0701, .0702, .0901-.0905. Proposed Effective Date: July 1, 2004 Public Hearing: Date: February 18, 2004 Time: 9:00 a.m.-2:00 p.m. Location: 150 Fayetteville Street Mall, Ste. 1300, Raleigh, NC Reason for Proposed Action: To update rules to current definitions, practices, and financial requirements and make technical, grammatical changes. Procedure by which a person can object to the agency on a proposed rule: Write to NCBMBT at P.O. Box 2539, Raleigh, NC 27602 Written comments may be submitted to: Charles P. Wilkins, P.O. Box 2539, Raleigh, NC 27602 Comment period ends: April 2, 2004 Procedure for Subjecting a Proposed Rule to Legislative Review: Any person who objects to the adoption of a permanent rule may submit written comments to the agency. A person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the 6th business day preceding the end of the month in which a rule is approved. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-733-2721. Fiscal Impact State Local Substantive (>$3,000,000) None SECTION .0100 - ORGANIZATION AND GENERAL PROVISIONS 21 NCAC 30 .0102 DEFINITIONS In addition to the definitions set forth in G.S. 90-622(1) through (5), the following definitions apply: (1) Practice Act. -- Article 36, Chapter 90 of the North Carolina General Statutes: The North PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1222 Carolina Massage and Bodywork Therapy Practice Act. (2) Licensee. -- A person who holds a valid license issued by the Board to engage in the practice of massage and bodywork therapy. (3) Reciprocity. -- Pursuant to G.S. 90-630, a provision which shall apply only to qualified practitioners of massage and bodywork therapy who reside outside the State; or qualified practitioners who have resided in the State for not more than one hundred eighty (180) days. (4)(3) Place of business. -- The primary street location where the licensee provides massage and bodywork therapy. If the licensee provides massage and bodywork therapy only at the location of clients, then it shall be the residence street address of the licensee. (5)(4) Malpractice. -- Professional misconduct or unreasonable lack of skill. Conduct that is in variance with the Standards of Practice set forth in Section .0500. (6)(5) Gross negligence. -- The intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another. (7)(6) Incompetency. -- Conduct which that evidences a lack of ability, fitness or knowledge to apply principles or skills of the profession of massage and bodywork therapy. (8) Sexual activity. -- Any direct or indirect physical contact, or verbal communication, by any person or between persons which is intended to erotically stimulate either person, or which is likely to cause such stimulation and includes sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse. As used herein, masturbation means the manipulation of any body tissue with the intent to cause sexual arousal. Sexual activity can involve the use of any device or object and is not dependent on whether penetration, orgasm or ejaculation has occurred. (9)(7) Therapeutic, educational, or relaxation purposes. -- Pursuant to G.S. 90-622(3), that which is intended to positively affect the health and well-being of the client, and which that does not include sexual activity, as defined in Rule .0102(8). .0508. Authority G.S. 90-622; 90-626(9) SECTION .0200 - APPLICATION FOR LICENSE 21 NCAC 30 .0203 EXEMPTIONS FROM LICENSURE (a) Persons who are utilizing certain therapeutic techniques may claim exemption from licensure pursuant to G.S. 90-624 (6) or (7) only by meeting one of the following criteria: (1) Such persons are solely practicing techniques which that are defined by national organizations which that meet the criteria for exemption set forth in either G.S. 90-624 (6) or (7); or (2) Such persons are solely practicing techniques which that do not involve any contact with the body of the client; or (3) Such persons are solely practicing techniques which that involve resting the hands on the surface of the client’s body without delivering pressure to or manipulation of the soft tissues. (b) Persons who are utilizing exempt techniques along with the practice of massage or bodywork therapy, as defined in G.S. 90- 622(3), are not considered to be exempt and will be required to be licensed. (c) Pursuant to G.S. 90-623, such exempted practitioners may not hold themselves out to be a massage and bodywork therapist; they may not utilize or promote themselves or their services using such terms as “massage, massage therapy, bodywork, bodywork therapy,” or any other derivative term which that implies a soft tissue technique or method. (d)Services such as herbal body wraps, skin exfoliating treatments or the topical application of products to the skin for beautification purposes are not considered to be the practice of massage and bodywork therapy, as long as such services do not involve direct manipulation of the soft tissues of the body. Those who are utilizing such techniques along with the practice of massage or bodywork therapy are not considered exempt and will be required to be licensed. Authority G.S. 90-624; 90-626. 21 NCAC 30 .0204 FEES (a) Fees are as follows: (1) Request for License Application Package $20.00 (2) License fee 150.00 (3) License renewal 100.00 (4) Late renewal penalty 75.00 (5) Duplicate license 25.00 (6) Provisional license 150.00 Application fee for examination of educational credentials from non-Board-approved schools (7) Investigation of applicant’s background 150.00 (b) Fees shall be nonrefundable and shall be paid in the form of a cashier's check, certified check or money order made payable to the North Carolina Board of Massage and Bodywork Therapy. Personal checks shall be accepted for payment of renewal fees. (c) A personal check returned for insufficient funds is shall be grounds for a letter of reprimand. Authority G.S. 90-626(8); 90-628. 21 NCAC 30 .0205 TERM OF LICENSE (a) Pursuant to G.S. 90-632, a license to practice massage and bodywork therapy shall be granted for a term of two years, beginning on January 1. (b) Initial applications for licensure submitted between October 1 and December 31 shall be granted for two full years, plus the PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1223 additional period of up to three months. Initial applications submitted between January 1 and September 30 shall pay the full fee, but the initial license period shall be two years, minus the period following January 1. Authority G.S. 90-626(9); 90-632. 21 NCAC 30 .0206 BACKGROUND INVESTIGATION REQUIRED FOR APPLICANT (a) If the Board determines that an applicant for licensure has a charge of a criminal offense, civil lawsuit, domestic violence, termination from employment, dismissal from an educational institution, or disciplinary action regarding another occupational license or certification, the Board shall investigate the applicant's background. (b) At the request of the Board, the applicant shall provide all documentation related to the event(s), and shall pay the additional fee set forth in Rule .0204(7) to cover the Board's costs of such investigation. Authority G.S. 90-626(2); 90-629(3). SECTION .0300 - LICENSING 21 NCAC 30 .0301 PROFESSIONAL DESIGNATIONS (a) All licensees shall use the professional title, "Licensed Massage and Bodywork Therapist," or the letters "L.M.B.T." when they are holding themselves out to be a licensee in their professional communications. (b) Licensees shall not use any other letters or abbreviations after their name when they are holding themselves out to be a licensee in their professional communications, except those which that are conveyed by a degree from an accredited post-secondary institution, a license from another occupational licensing board, or certification from an agency which that is approved by the National Commission on Certifying Agencies. (c) Licensees may also use other words descriptive of their work, consistent with Rule .0501(1), such as areas of clinical specialty, in addition to their primary identification as a Licensed Massage and Bodywork Therapist. Authority G.S. 90-623(c); 90-626(9). 21 NCAC 30 .0302 DISPLAY OF LICENSE A license shall be displayed in a prominent place at the licensee's primary place of business so as to be visible for inspection. A licensee Licensees providing massage and bodywork therapy outside their primary business location, or at the location of clients, shall have their licensure card a copy of their license available for inspection upon request. Authority G.S. 90-626-(9). 21 NCAC 30 .0303 LICENSE RENEWAL (a) Any licensee desiring the renewal of a license shall comply with all continuing education requirements, shall apply for renewal and shall submit the required fee. (b) A license which that has not been renewed prior to its expiration date is considered lapsed expired. (c) Licenses lapsed expired in excess of twenty four (24) 24 months are expired and shall not be not renewable. Persons whose licenses have expired and who desire to be licensed shall not be entitled to renew their license but shall apply been expired for more than 24 months must apply for a new license. (d) Any person whose license has lapsed or expired and who engages in any massage and bodywork therapy activities governed by the Practice Act will be subject to the penalties prescribed in Rule .0905 herein. G.S. 90-643 and G.S. 90-634.1. Authority G.S. 90-626(3). SECTION .0400 - BUSINESS PRACTICES 21 NCAC 30 .0404 ADVERTISING (a) Any advertisement of massage and bodywork therapy services in any advertising medium as defined herein shall include the licensee���s name and license number, whether or not a trade name is used. (b) Advertising medium shall be defined as any form of written, printed, broadcast or computer-based advertising, or other promotional materials, except a telephone directory listing for which no additional advertising charge is made. (c) A business or establishment which that employs or contracts with massage and bodywork therapists licensed by the Board may advertise on behalf of those licensees, by complying with the requirements of this section. Rule. As an alternative to the requirement of Paragraph (a) of this Rule, such business or establishment may indicate the listing of the service itself in advertising or other promotional materials, accompanied by the exact phrase: "Provided by North Carolina Licensed Massage and Bodywork Therapists." In this phrase, "North Carolina" may be abbreviated as "N.C." Authority G.S. 90-623(c); 90-626(9). SECTION .0500 - STANDARDS OF PRACTICE 21 NCAC 30 .0501 PURPOSE This Code of Ethics establishes standards for the practice of massage and bodywork therapy which are intended to protect the public health, safety and welfare, to preserve the integrity of the profession, and to allow for the proper discharge of responsibilities to those served. Licensees shall have a commitment to provide the highest quality of care to those who seek their professional services, and shall: (1) Represent their qualifications, credentials and professional affiliations accurately, and provide only those services which they are qualified to perform; (2) Inquire as to the health status of each client before treatment to determine whether there are contraindications for the application of massage and bodywork therapy; (3) Inform clients, other health care practitioners and the public of the scope and limitations of the practice of massage and bodywork therapy, and refer clients to appropriate health care practitioners whenever indicated; (4) Maintain the confidentiality of all client information, unless disclosure is consented to PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1224 by the client, required by law or by court order; (5) Obtain and document the informed consent of the client before providing treatment. Informed consent may be given in written or verbal form; (6) Provide draping and treatment in a way that ensures the safety, comfort and privacy of the client; (7) Respect the client’s right to refuse, modify or terminate treatment regardless of prior consent given; (8) Refrain from initiating or engaging in any sexual activity involving a client, as defined in Rule .0102(8); (9) Refuse any gifts or benefits which are intended to influence a referral, decision or treatment that are primarily for personal gain and not for the good of the client. (10) Inform the Board of any violation of the Practice Act or Rules and Regulations These standards establish basic requirements for the safe and effective practice of massage and bodywork therapy. They are intended to protect the public, to preserve the integrity of the profession, and to allow for the proper discharge of responsibilities to those served. Authority G.S. 90-621; 90-626(9). 21 NCAC 30 .0502 GENERAL REQUIREMENTS (a) The practice of massage and bodywork therapy shall be conducted in facilities which are safe and sanitary. Licensees shall maintain their treatment facilities according to the following standards: (1) Comply with all local building code requirements; (2) Comply with all state fire safety codes; (3) Comply with all state health inspection codes; (4) Maintain all equipment used in the practice of massage and bodywork therapy in a safe and sanitary condition; (5) Launder or sanitize, before reuse, all materials furnished for the personal use of the client, including towels and linens; (6) Provide adequate toilet and lavatory facilities for the client; (7) If equipped with a whirlpool bath, sauna, steam cabinet, or steam room, maintain adequate and clean shower facilities on the premises; (8) Maintain a lavatory for hand cleansing, or have available a chemical germicidal product designed to disinfect and cleanse hands without the use of a lavatory. (b) For treatments which are given at the location of a client, only standards (4), (5) and (8) above, apply. For treatments which are given at a temporary location lasting not more than five (5) days such as a trade show, sporting event or community festival, only standards (4) and (8) above, apply. In the practice of massage and bodywork therapy, licensees shall: (1) provide only those services that they have the training and practical experience to perform, and that are designed to benefit the health and well-being of the client; (2) deliver treatment in a manner that respects each client's individuality and dignity, and that ensures their safety, comfort and privacy; (3) inform clients of the scope and limitations of massage and bodywork therapy; and (4) respect the traditions and practices of other health care practitioners, and not falsely impugn the reputation of any colleague. Authority G.S. 90-626(9). 21 NCAC 30 .0503 CLIENT ASSESSMENT AND INFORMED CONSENT Licensees shall maintain a professional standard of hygiene in the practice of massage and bodywork therapy. (1) Before and after each treatment, licensees shall cleanse and disinfect their hands, using a lavatory or a chemical germic idal product. (2) Licensees shall maintain a barrier of unbroken skin on their hands, forearms and elbows at all times. In the case of broken skin, the licensee shall use a finger cot, glove or chemical barrier product to cover the affected area during treatment. Before providing treatment, licensees shall: (1) determine the health status of each client to identify whether there are contraindications for the application of massage and bodywork therapy; (2) assess the needs and expectations of the client, develop a plan of care, and update the plan as needed for succeeding treatments; (3) obtain and document in writing the informed consent of the client. For the purposes of this Section, "informed consent" means the therapist has informed the client as to the nature and purpose of the service to be provided, what such treatment is likely to include, what treatment shall not include, and the client acknowledges that he or she understands the terms under which the treatment is being provided and voluntarily agrees to receive such treatment. Following the initial treatment with a therapist, the client may give verbal consent on successive visits within a 12 month period; (4) respect the client's right to refuse, modify or terminate treatment regardless of prior consent given; and (5) only modify the plan of care with the informed consent of the client. Authority G.S. 90-626(9). 21 NCAC 30 .0504 PROGRESS NOTES; REFERRALS PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1225 (a) Licensees shall maintain a sufficient supply of clean drapes, for the purpose of draping each client during treatment. As used herein, “drapes” mean towels, sheets, gowns or other appropriate coverings. (b) Before proceeding with a treatment, licensees shall explain expected draping techniques to the client and provide the client with a clean drape for the purpose of ensuring their safety, comfort and privacy. (c) The requirements of (a) and (b), above, do not apply in the case of treatments where the client does not disrobe. On an ongoing basis, the licensee shall: (1) maintain written client progress notes on each treatment, including the date of service, needs assessment, plan of care, observations made and actions taken by the licensee; (2) refer the client to other health care practitioners or other professional service providers when in the best interest of the client and/or licensee; and (3) follow recommendations for the plan of care when receiving a client referral from a medical care provider. Authority G.S. 90-626(9). 21 NCAC 30 .0505 CONFIDENTIALITY, ROLES AND BOUNDARIES (a) Sexual activity with a client, as defined in Rule .0102(8), is prohibited where the practice of massage and bodywork therapy is conducted. (b) No licensee shall engage in or permit any person or persons to engage in sexual activity with a client in a location where the practice of massage and bodywork therapy is conducted, or use such location to make arrangements to engage in sexual activity in any other place. (c) Licensees shall not use the therapist-client relationship to engage in sexual activity with any client or to make arrangements to engage in sexual activity with any client. In managing the client/therapist relationship, licensees shall: (1) maintain the confidentiality of all client information, unless written disclosure is consented to by the client, or required by law or by court order; this shall include protecting the client’s identity in all social conversations, advertis ements, and in any other manner; (2) maintain client records in such a manner as to prevent unauthorized access or damage for the entire term of the client/therapist relationship, and for at least four years after the termination of such relationship; (3) dispose of client records in a secure manner; (4) protect the interests of clients who are minors or who are unable to give informed consent by securing permission from an authorized third party or guardian; (5) avoid relationships with the client that could impair professional judgment or result in exploitation of the client; (6) solicit only information about the client that is relevant to the professional relationship; (7) recognize and limit the impact of transference and counter transference between client and therapist; and (8) refrain from promoting products or services to the client that are not related to the plan of care. Authority G.S. 90-626(9). 21 NCAC 30 .0506 DRAPING REQUIREMENTS (a) All licensees are under a continuing duty to report to the Board any and all of the following by themselves or by other licensees: (1) Charges of, convictions of, or pleas of guilty or no contest to a felony; (2) Charges of, convictions of, or pleas of guilty or no contest to any crime that involves moral turpitude; (3) Charges of, convictions of, or pleas of guilty or no contest to any alcohol or drug-related offense. (b) All licensees are under a continuing duty to report to the Board if they are named as a defendant in a civil suit arising out of a licensee's practice of massage and bodywork therapy. (c) A licensee must report a charge, conviction, plea in a criminal case, or involvement as a defendant in a civil suit, as set forth in (a) and (b), above, within thirty (30) days after it occurs. Licensees shall adhere to the following requirements, except in the case of treatments where the client remains fully clothed; (1) provide draping in a manner that ensures the safety, comfort and privacy of the client; (2) maintain a supply of clean drapes, such as towels, sheets, gowns or other coverings, for the purpose of draping the client's body during treatment; (3) explain expected draping procedures to the client before treatment; and (4) ensure that the following areas are draped during treatment: the gluteal and genital areas for male and female clients, and the breast area for female clients. With voluntary and informed consent of the client, the gluteal and breast drapes may be temporarily moved in order to perform therapeutic treatment to structures in those areas. Authority G.S. 90-626(9). 21 NCAC 30 .0507 HYGIENE To maintain a professional standard of hygiene in their practice, licensees shall: (1) cleanse and disinfect their hands before and after each treatment, using a lavatory with hot water or a chemical germicidal product; (2) maintain a barrier of unbroken skin on their hands, forearms and elbows at all times; in the case of broken skin, licensees shall use a finger cot, glove or chemical barrier product to cover the affected area during treatment; PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1226 (3) wear clothing that is clean, modest and professional; maintain personal hygiene; wear hair in a manner so as not to touch the client.; (4) maintain all equipment used in the practice of massage and bodywork therapy in a safe and sanitary condition; and (5) utilize only those materials furnished for the personal use of the client, including towels, linens, or gowns, that have been laundered or sanitized before reuse, or that are single-use items disposed of after treatment. Authority G.S. 90-626(9). 21 NCAC 30 .0508 SEXUAL ACTIVITY DEFINED For the purposes of this Chapter, "sexual activity" shall mean any direct or indirect physical contact, or verbal communication, by any person or between persons which is intended to erotically stimulate either person, or which is likely to cause such stimulation and includes sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse. As used herein, masturbation means the manipulation of any body tissue with the intent to cause sexual arousal. Sexual activity can involve the use of any device or object and is not dependent on whether penetration, orgasm or ejaculation has occurred. Authority G.S. 90-626(9). 21 NCAC 30 .0509 SEXUAL ACTIVITY PROHIBITED To preserve the safety and integrity of the therapeutic relationship, the following requirements shall apply from the beginning of the client/therapist relationship, and continue for a period of at least six months after the termination of such relationship. Licensees shall: (1) not engage in sexual activity, as defined in Rule .0508 of this Section between the licensee and the client, whether such activity is consensual or otherwise; (2) not engage in or permit any person or persons to engage in sexual activity with a client in a location where the practice of massage and bodywork therapy is conducted, or to use such location to make arrangements to engage in sexual activity with a client in any other place; and (3) clearly define the boundaries of the professional relationship in the event that the client initiates or asks the licensee to engage in sexual activity. Authority G.S. 90-626(9). 21 NCAC 30 .0510 PROVIDING OR TERMINATING SERVICE Licensees shall have the right to provide therapeutic services to whom they choose. Licensees shall also have the right to refuse treatment, or to terminate a treatment in progress to protect their own safety and well-being, including situations such as: (1) a client who is abusive, under the influence of alcohol, drugs, or any illegal substance, or otherwise impaired; or (2) a client who has violated the boundaries of the professional relationship by initiating or asking the licensee to engage in sexual activity. Authority G.S. 90-626(9). 21 NCAC 30 .0511 BUSINESS AND ETHICAL REQUIREMENTS In the management and promotion of their practices, licensees shall; (1) represent their qualifications, credentials and professional affiliations accurately and completely; (2) conduct their business affairs with integrity and avoid actual or potential conflicts of interest; (3) refuse any gifts or benefits that are intended to influence a referral, decision or treatment that are primarily for personal gain and not for the good of the client; (4) adhere to the advertising requirements of Rule .0404 of this Chapter, and promote their practices accurately, avoiding language or images that are misleading, provocative, sexual, or sensational; (5) provide the client with information on their business policies before commencing treatment, including a list of services available and fees charged, payment arrangements, appointment scheduling and cancellation requirements; discuss and resolve any questions the client may have about such policies; (6) accept gratuities in addition to the stated fee for treatment only in settings where such practice is customary and known to the client in advance of treatment; (7) follow generally accepted accounting practices; (8) maintain accurate financial records, client records, appointment records, contracts, and legal obligations for at least four years; and (9) comply with all applicable municipal, state, and federal laws. Authority G.S. 90-626-(9). 21 NCAC 30 .0512 IMPAIRMENT In the practice of massage and bodywork therapy, licensees shall not provide therapeutic services to clients when under the influence of alcohol, drugs, or any illegal substance, with the exception of prescribed dosage of a prescription medication that does not impair the cognitive, psychological, or motor capacity of the licensee. Authority G.S. 90-626(9). PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1227 21 NCAC 30 .0513 FACILITY REQUIREMENTS The practice of massage and bodywork therapy shall be conducted in facilities that are safe and sanitary. With the exception of treatments that are given at the location of a client, or treatments given at a temporary location lasting not more than five days such as a trade show, sporting event or community festival, licensees shall assure that the facility in which they practice: (1) is in compliance with all local building code requirements, state fire safety codes, and state health inspection codes; (2) provides adequate toilet and lavatory facilities with hot and cold running water; and (3) provides adequate and clean shower facilities on the premises, if equipped with a whirlpool bath, sauna, steam cabinet, or steam room. Authority G.S. 90-626(9). 21 NCAC 30 .0514 INFORMING BOARD OF VIOLATIONS Licensees shall inform the Board within 10 days of any violation of the Practice Act or Rules, whether by licensees, schools, or non-regulated persons or entities. Authority G.S. 90-626(9). 21 NCAC 30 .0515 CONTINUING DUTY TO REPORT CERTAIN CRIMES AND CIVIL SUITS (a) Licensees shall report to the Board any and all charges of, convictions of, or pleas of guilty or no contest to the following criminal offenses, whether committed by themselves or by other licensees: (1) Felonies; (2) Crimes that involve moral turpitude; (3) Alcohol or drug-related offenses; (4) Sexual-related offense; and (5) Assault. (b) Licensees are under a continuing duty to report to the Board if they are named as a defendant in a civil suit arising out of a licensee's practice of massage and bodywork therapy. (c) Licensees shall report a charge, conviction, plea in a criminal case, or involvement as a defendant in a civil suit, as set forth in Paragraphs (a) and (b) of this Rule, within 30 days after it occurs. Authority G.S. 90-626(9). SECTION .0600 - MASSAGE AND BODYWORK THERAPY SCHOOLS 21 NCAC 30 .0601 BOARD APPROVAL (a) Any school, whether in this State or another state, territory or country, state or territory that offers a certificate, diploma or degree program in massage and bodywork therapy may make application for Board approval on a form provided by the Board. Every school must submit an application to be considered for approval, whether or not such school has been licensed, approved or accredited by another regulatory agency, state board, accreditation commission or trade association. A school which that operates in more than one location shall submit a separate application for each location. (b) The Board shall grant approval to schools that meet the standards set forth in this section. Section. The Board shall maintain a list of approved schools. (c) In order to maintain approval status, each school shall submit an annual report by April 1 on a form provided by the Board, which that may include documentation of continued state licensure, where such licenses are required, authority to operate, student enrollments, and any changes in curriculum, instructional staff or administrative staff. (d) An approved school shall notify the Board in writing within thirty (30) 30 days of any change in the school’s location address, ownership, or controlling interest. interest, administration, facilities, instructional staff, curriculum, or other changes that may affect the programs offered. (e) The Board may utilize disciplinary sanctions for schools set forth in Rules Section .0905(b) if the applicant for approval, or holder of such approval: (1) Fails to maintain, at any time, the minimum requirements for approval set forth in this Section; (2) Fails to require its students to complete the minimum standards in order to graduate; (3) Submits documents to the Board which contain false or misleading information; (4) Fails to allow authorized representatives of the Board to conduct inspections of the school, or refuses to make available to them at any time full information pertaining to the requirements for approval set forth in this Section; (5) Violates any statute or rule required for licensure or approval of that school by its educational licensing authority; or (6) Violates any applicable rule of this Section. (e) School approval shall be granted for a one year term, beginning on July 1 and ending on June 30. For the purposes of this Section, this term shall be considered the Fiscal Year. (f) If a Board -approved school has not met the requirements for renewal by June 30 preceding the new Fiscal Year, its approval status shall be deemed expired. (g) Approval shall be reinstated by the Board if such a school completes its renewal process by July 31 of the Fiscal Year. A school that has had its approval reinstated by July 31 shall be considered to have maintained its approval status on a continuous basis, pursuant to Paragraph (i) of this Rule. (h) The Board shall not renew the approval of a school that has not met the approval standards by July 31. (i) Pursuant to G.S. 90-629(4), "successful completion of a course of study at a Board-approved school" means that the applicant graduated from a school that maintained its approval status with the Board on a continuous basis during the applicant's time of enrollment. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0602 DEFINITIONS (a) The following definitions shall apply to this Section: (1) Program. -- A course of study or curriculum consisting of a specified number hours of instruction consistent with the standards set PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1228 forth in Paragraph (m) herein, Rule .0618, which that is intended to teach adults the skills and knowledge necessary for the professional practice of massage and bodywork therapy, as defined in G.S. 90-622(3). Each program of a specified number of instructional hours shall be considered a separate program for the purposes of Board approval, and shall require a separate application for approval. (2) Massage and bodywork therapy school. -- Any educational institution that conducts a program, as defined above, for a tuition charge. Such institutions may be organized as proprietary schools, which that are privately owned and operated by a sole proprietor, partnership, corporation, association, or other entity; or may be post-secondary colleges or universities, whether publicly or privately owned. (3) Instructor. -- A person who meets the qualifications set forth in Subparagraph (e)(1) or (2), herein, Rule .0610 of this Section who is responsible for delivering course content according to curricula established by the school, and who is responsible for managing the classroom environment. (4) Teaching assistant. -- A person who meets the qualifications set forth in Subparagraph (e)(3) or (4), herein, Rule .0610 of this Section who is in the classroom to support the role of the instructor, and who may only provide instruction to students under the direct supervision of the instructor. (5) One classroom hour of supervised instruction. -- At least fifty (50) 50 minutes of any one clock hour during which the student participates in a learning activity in the physical presence of a member of the school’s instructional staff. (6) Student enrollment. -- The total number of students at an approved school in a designated Fiscal Year who have begun a program for which they have registered and paid a fee in said Fiscal Year, and who have completed at least four weeks of such program. (7) Key administrative staff. -- The school's program director, director of education, and other administrative staff members who direct key areas such as operations, admissions, financial aid, placement, or student services. (8) One year of professional experience. -- In determining the qualifications of administrative or instructional staff members, at least 500 hours of documentable work in the professional job responsibility or subject area in a given year. (9) Additional program. -- A program that is of a different title, subject matter, or number of hours of instruction than the program under which the school received its initial approval from the Board. An approved school that intends to offer an additional program shall submit an Application for Additional Program Approval. (10) Additional location. -- A facility not part of, nor adjoining the facility of an approved school, where an approved school intends to offer a program. Each such location is considered a separate school, requiring a new Application for School Approval to be submitted to the Board. (b) Authority to operate. (1) A proprietary school shall provide documentation that it is licensed or approved by the educational regulatory authority in the state, territory or country in which it operates; or shall be exempt from licensure or approval by statute. (2) A regionally accredited post-secondary institution within the State which offers a certificate, diploma, or degree program in the field of massage and bodywork therapy shall have approval to conduct such program from the State Board of Community Colleges or the University of North Carolina. (3) A regionally accredited post-secondary institution outside the State which offers a certificate, diploma, or degree program in the field of massage and bodywork therapy shall have approval from the regulatory authority in the state, territory or country in which it operates. (c) Program director. One person shall be designated as the program director, and shall be qualified in accordance with the requirements listed in Subparagraph (d)(2) herein. This person may be titled as director, or in the case of programs at post-secondary institutions, department chair or program coordinator. The director is the person directly responsible for all facets of the program’s operation, including: curriculum, methods of instruction, employment, training and evaluation of administrative and instructional staff, maintenance of proper administrative records, financial management, recruitment of students, and maintenance of school plant and equipment. (d) Administrative staff and qualifications. (1) The school shall have administrative staff to support the number of students enrolled. (2) The program director or department chair shall have the following qualifications: (A) Be a graduate of a regionally accredited college or university and hold a baccalaureate degree, or have at least five years of professional experience in the field of massage and bodywork therapy; and (B) Have at least two years experience as an instructor in one or more of the major courses which are presented in the school’s curriculum, or have at least two years experience in education administration. Persons who possess qualifications which are equivalent to the PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1229 requirements prescribed in (A) and (B) of this Paragraph may be approved individually by the Board. (3) Other administrative staff who oversee such areas as operations, education, admissions, financial aid, or student services, shall have the following qualifications: (A) Be a high school graduate or its equivalent; (B) Have at least one year of professional experience in their area of their job responsibility, or have received training from the school sufficient to perform their defined job responsibilities. (e) Instructional staff qualifications. The requirements herein shall apply to instructors and teaching assistants who provide more than six (6) instructional hours in the program. Instruction is provided by persons with appropriate education and experience as follows: (1) Instructors who teach courses related to the theory and practice of massage and bodywork therapy shall have the following qualifications: (A) Have a minimum of two years of professional practice experience in, and have received training and certification in the subject area they teach; and (B) Have received training in teaching methods, which shall include: (i) Presentation skills; (ii) Development and implementation of lesson plans; (iii) Dynamics of the teacher/student relationship; (iv) Management of the classroom environment; (v) Evaluation of student performance; (vi) Orientation to the school’s administrative policies; and (C) Have one of the following credentials: (i) Be licensed under the Practice Act; or (ii) For schools and instructors outside the State, hold a similar credential in massage and bodywork therapy; if no such credential is available, hold a valid certification from a certifying agency which is approved by the National Commission of Certifying Agencies; or (iii) Be a licensed physician, dentist, chiropractor, osteopath, registered nurse, physical therapist, occupational therapist, or acupuncturist. (2) Instructors in all other courses in the curriculum shall have received training in teaching methods as defined in Subparagraph (e)(1)(b) above, and shall have one of the following qualifications: (A) Have a minimum of two years of professional practice experience in, or have received training and certification in the subject area they teach; or (B) Have a minimum of 12 semester credit hours of academic course work in the subject area they teach from a regionally accredited post-secondary institution. (3) Teaching assistants in courses related to the theory and practice of massage and bodywork therapy shall have one of the credentials listed in Subparagraph (e)(1)(c), above. (4) Teaching assistants in all other courses in the curriculum shall have one of the following qualifications: (A) Have a minimum of one year of professional practice experience in, or have received training and certification in the subject area they teach; or (B) Have a minimum of 6 semester credit hours of academic course work in the subject area they teach from a regionally accredited post-secondary institution. (f) Job descriptions and contracts. (1) The school shall have written job descriptions with performance standards for each administrative and instructional position on its staff. (2) The school shall execute an employment agreement with each staff member, whether such staff member works in a full-time or part-time capacity, or is an employee or an independent contractor. (g) School plant and equipment. (1) The school plant, premises, and facilities shall be safe and sanitary and shall be in compliance with the statutory provisions and the rules and regulations of all local ordinances pertaining to fire, safety, health, and sanitation. Classrooms shall have sufficient lighting, ventilation, and temperature control to provide a comfortable learning environment for students. (2) The equipment, supplies, and instructional materials of the school shall be adequate in type, quality, and amount for each course offered by the school. These shall also meet all requirements of statutory provisions, and rules and regulations of all local ordinances pertaining to fire, safety, health, and sanitation. PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1230 (3) The school shall have an annual inspection from the city or county agencies which determine compliance with requirements for fire, safety, health, and sanitation in its jurisdiction. (4) For classes conducted in the practice of massage and bodywork therapy, the school shall provide a minimum of 70 square feet of classroom space per treatment table, exclusive of fixed items in the classroom. There shall be one therapy treatment table, adjustable in height, for every two students in such classes. (h) Financial management systems and economic stability. (1) Schools shall maintain financial management systems which assure safety, accountability and effective use of financial resources, and which provide accurate information for assessing the financial condition of the institution. This includes regular profit and loss statements, balance sheets, and an annual budget. The following standards shall be met: (A) Generally accepted accounting principles are followed in the preparation of financial statements; and (B) Accuracy and security of records is maintained. (2) Schools shall be financed to ensure long term stability. The following standards shall be met: (A) Income and reserves are sufficient to complete instruction of currently enrolled students while still meeting all requirements for Board approval; (B) A ratio of assets to liabilities of at least 1:1 is maintained; and (C) An annual independent review or audit of the school’s financial statements is conducted by a Certified Public Accountant. (3) The Board may request a credit report on a school. (4) The school shall maintain professional liability insurance to guarantee the fiscal viability of the school in the case of a claim of malpractice related to massage and bodywork therapy performed as a part of the school’s instructional program. (i) Admissions. (1) The school shall maintain admission policies and procedures which are fully disclosed and which are administered consistently. (2) Admissions standards are designed to ensure that only those students who have the ability to successfully complete the program will be admitted. (3) The school shall maintain written documentation of the basis for admis sion of the student. Such records shall include copies of high school diploma or transcripts, proof of age, and other specific admission requirements of the school. (4) Documentation is maintained, for a minimum of three (3) years, of the reasons for the denial of admission of any student. (5) A school is not precluded from enrolling students in individual courses not leading to a credential. (j) Tuition, refunds and financial aid. (1) The school shall fully and clearly disclose tuition and all related program costs to prospective students. (2) Tuition policies shall be published in the school catalog or bulletin. Such policies shall address adjustment of charges in the case of: (A) Cancellation of enrollment within seventy-two (72) hours of signing an student enrollment agreement; (B) Student withdrawal before the program start date; (C) Student withdrawal after the program start date; (D) Student dismissal; and (E) Cancellation of program by the school. (3) All students who enroll in the same program shall be charged the same amount for tuition. This does not preclude the school from raising tuition, from granting scholarships, from granting cash discounts to students for advance payment of tuition, or in the case of public institutions, from charging differential rates to residents and non-residents. (4) The school shall maintain a refund policy as follows: (A) Proprietary schools shall base refunds on a percentage of the program actually completed by the student. At a minimum, such policy shall grant refunds up to and including the twenty-five percent (25%) point of the program. Refunds shall be calculated from the last date of attendance and made within thirty (30) days of the date of withdrawal or dismissal. (B) Programs offered by post-secondary colleges or universities shall follow the refund policy set forth by the applicable governing body or regulatory agency. (5) The school catalog or bulletin shall accurately describe any financial aid programs in which the school participates, and shall distinguish in meaning between the terms “scholarship,” “grant,” “loan,” and “financial aid.” Schools which administer Title IV funds shall also include in its catalog and all advertising an eligibility phrase such as, “Financial aid available for those who qualify.” Schools that do not administer Title IV funds shall not use the term “financial aid.” (k) Student records and academic progress. PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1231 (1) The school shall maintain current, complete, and accurate records on each student. Such records shall show attendance, academic progress, grades, date entered, dates attended, courses studied, program completed, and date of graduation. (2) Records shall be maintained in perpetuity, shall be stored in such a manner as to ensure their confidentiality, and shall be safe from theft, fire, or other possible loss. (3) Students and graduates shall be allowed access to their records. Transcripts shall be released upon written request from students and graduates. (4) All school policies, including those relating to satisfactory attendance, academic progress, and conduct shall be enforced. Students shall be notified when completion standards are not being met. (l) Educational credential issued to graduates; reporting of graduates’ pass rate on national certification examination. (1) Upon completion of the program, the student is given a certificate, diploma, or degree stating that the educational requirements have been met and the program has been satisfactorily completed. (2) Such credentials are only granted to students who have completed the entire program for which the student enrolled. (3) The school shall authorize agencies which conduct national certification examinations which are accepted by the Board as meeting the requirement of G.S. 90-629(5) to report directly to the Board the pass rate of the school’s graduates on such examinations. (m) Pursuant to G.S. 90-631(1), programs shall meet the following standards: (1) The school shall develop a set of educational objectives which describe the intended skills, knowledge, and attitudes which the program is designed to develop in the student by the completion of such program. (2) The school shall offer a program consisting of a minimum of five hundred (500) classroom hours of supervised instruction. Such program shall contain the following hours of specific course work which are consistent with the school’s mission and educational objectives: (A) Two hundred (200) hours in the fundamental theory and practice of massage and bodywork therapy, which shall include a minimum of one hundred (100) hours in application of hands-on methods; the balance of such hours shall include client assessment skills, indications and contraindications for treatment, body mechanics, draping procedures, standard practices for hygiene and control of infectious diseases, and the history of massage and bodywork therapy; (B) One hundred (100) hours in anatomy and physiology, which shall include the structure and function of the human body and common pathologies; (C) Fifty (50) hours in the following areas: (i) Fifteen (15) hours in professional ethics, and North Carolina laws and rules for the practice of massage and bodywork therapy; (ii) Fifteen (15) hours in business practices related to the field of massage and bodywork therapy; and (iii) Twenty (20) hours in somatic psychology, including dynamics of the therapist/client relationship, communication skills, and boundary functions; (D) One hundred fifty (150) hours in other courses related to the practice of massage and bodywork therapy; such courses may include additional hands-on techniques, specific applications, adjunctive modalities, in-depth anatomy and physiology, kinesiology, psychology, movement education, or supervised clinical practice. First Aid or CPR may not be included in this category. (3) For programs which include a student clinic or fieldwork experiential component, such hours do not exceed one hundred (100) hours of the minimum requirement set forth in Subparagraph (m)(2)(d), above. All such work is directly supervised and evaluated by an instructional staff member. (4) For programs which include an externship component, such hours shall not be included in the minimum requirements set forth in Subparagraph (m)(2), above, and shall not comprise more than twenty percent (20%) of the total program hours. All such work is supervised by a designated person at the externship site, and is evaluated by the school. (5) Programs shall consist of a series of courses which are organized in a logical sequence, and which are consistent with the educational objectives. Sequential organization means that within a course, each class prepares students for the next class; overall, each course gives students the skills and knowledge necessary for the next course. Material is not presented unless students have the necessary skills PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1232 and/or knowledge to utilize that material safely and effectively. (6) Course titles match the content of the course; published course descriptions accurately reflect the specific learning objectives of each course; sufficient hours are allotted to each course to allow students to gain competence in the subject areas covered. (7) A course curriculum is developed for each course, which shows the basic content of each individual class in the course, in the sequence presented. (8) Course requirements and competencies are consistent from instructor to instructor. Teaching materials, including detailed lesson plans, are developed and maintained for each course to ensure such consistency. Teaching methods are appropriate to course content, and to diverse learning styles. (9) Programs shall be a minimum of six (6) months in length, with no more than nine (9) instructional hours in one day. There shall be no more than two (2) hours of instruction without a break. There shall be no more than four (4) hours of instruction without a meal break. (10) For a student to receive credit in a course, the school shall require students to attend no less than seventy-five percent (75%) of the instructional hours, and to make up all missed instructional hours according to the procedures established by the school. (11) A syllabus is developed for each course, and provided to students prior to the beginning of instruction. The syllabus shall include the following elements: course title, course description, learning objectives, total number of instructional hours, meeting dates and class times, assignments, textbooks, evaluation methods, quiz and examination dates, and performance standards. (12) For post-secondary institutions, courses which fulfill the minimum requirements set forth in Subparagraph (m)(2), above, shall support the program in massage and bodywork therapy. Courses in addition to the minimum requirements may include courses from other departments or programs which are directly relevant to the practice of massage and bodywork therapy. (n) Student to instructor ratios. (1) For classes which involve hands-on practice, the student to instructor ratio shall not exceed 16 to 1. (2) Both instructors and teaching assistants, as defined in Paragraph (a) of this Rule, shall be considered in calculating these ratios. (o) Learning resources. The school shall provide sufficient learning resources to students and instructional staff to support the educational objectives of the program as follows: (1) The school shall maintain a library or resource center which contains books, periodicals, and other informational materials in the field of massage and bodywork therapy. As an alternative, the school may have a contractual agreement with another facility to provide access to such resources. (2) All other resources, such as charts, models, or videotapes, shall be maintained in good condition. (p) Standards of professional behavior. (1) Conduct by instructional staff and students shall follow the Standards of Practice set forth by the National Certification Board for Therapeutic Massage and Bodywork, and those standards set forth in Rules Section .0500 of this Chapter. (2) Nudity is not permitted where massage and bodywork therapy is taught or practiced. For the purpose of this section, “nudity” is defined as exposure of the genital or anal area for men or women, or the breast area for women. The only exception shall be for treatment to the breast area while utilizing therapeutic techniques. (3) The school shall provide a private area where persons receiving therapeutic treatments may dress or undress, whether for in-class practice or treatments performed in a student clinic. As an alternative, the school may provide instruction to persons receiving therapeutic treatments in the procedure of undressing while on the treatment table under a full sheet covering. (4) The above requirements shall apply to all classroom settings, as well as any location where instructional staff or students are demonstrating or delivering therapeutic treatments as a part of course requirements, whether at the school or another location. (q) Student compensation prohibited. A student enrolled in a Board-approved school shall not receive a fee or other consideration for the massage and bodywork therapy they perform while completing clinical requirements for graduation, whether or not the school charges a fee for services provided in a student clinic. (r) Transfer of Credit. A school shall not grant transfer credit from another institution unless the following standards are met: (1) The school from where credit is being transferred shall be licensed or approved by the educational licensing authority in the state in which it operates, or be exempt by statute; (2) The school from where credit is being transferred shall provide an official transcript; (3) Courses for which credit is granted shall be parallel in content and intensity to the courses presently offered by the school; and (4) Documentation of previous training shall be included in each student’s permanent file. (s) Advanced placement. A school may only grant advanced placement to a student, or exempt the student from curriculum PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1233 requirements, based on the student’s performance on an examination which the school administers to determine competency in that subject area. Such advanced placement or exemption shall not exceed thirty-five percent (35%) of the total number of hours in the program. (t) Ethical requirements in advertising. The following requirements pertain to all advertising and promotional activities conducted by, or on behalf of the school, including such media utilized as print, broadcast, verbal presentations, data transfer technologies, videotape, or audiotape: (1) Educational programs and services offered shall be the primary emphasis of all advertisements, publications, promotional literature, and recruitment activities, whether distributed to prospective students or the general public. (2) All statements and representations made shall be clearly worded, factually accurate, and current. Supporting information shall be kept on file and available for review. All advertising and promotional materials shall include the correct name and location of the school. (3) The school shall not falsely represent its facilities in photographs, illustrations, or through other means. (4) The school catalog or bulletin shall contain all information required in Paragraph (v) herein. (5) All advertising and promotional activities shall clearly indicate that massage and bodywork training and not employment is being offered. No overt or implied claim of individual employment shall be made. No false or deceptive statements regarding employment opportunities or earning potential in the field of massage and bodywork as a result of the completion of the course of study shall be used to solicit students. (6) Letters of endorsement, commendation, or recommendation in favor of a school shall be used for advertising or promotion only with the written consent of the author without any offer of financial compensation, and only when such letters portray current conditions or facts. Letters shall contain the date they were received, shall be kept on file and be subject to inspection. (7) Programs that use placement information in advertisements, catalogs or other printed documentation shall corroborate the data. (8) School literature and advertisements shall not quote "high top"or “up to” salaries unless they also indicate the normal range or starting salaries for graduates. (9) Schools offering programs which are not approved by the Board shall clearly identify which programs are Board approved. (10) Schools shall accurately describe requirements for state licensure. (11) The school shall not defame competitors by falsely imputing to them dishonorable conduct, inability to perform on contracts, or by the false disparagement of the character, nature, quality, values, or scope of their educational services, or in any other material respect. (u)The school shall execute a Student Enrollment Agreement for training with every student. A copy of the executed agreement shall be provided to the student. At a minimum, such agreement shall contain the following: (1) Name and telephone number of the school; location of where the student will attend classes. (2) Student’s name, address, telephone number, social security number. (3) Name of the program in which student is enrolling; number of clock or credit hours of the program; beginning and ending dates; length of program in weeks or months; expected graduation date. (4) Program tuition and all related costs, including application and registration fees, and estimated cost of books and supplies. (5) Refund and cancellation policies, including buyer’s right to cancel. (6) Payment methods, including cash, installment payment plans, or financial aid (as applicable); interest charged; methods used to collect delinquent tuition. (7) Placement guarantee disclaimer. (8) Grounds for dismissal from the school. (9) Statement referencing the school catalog and student handbook as a legal part of the enrollment agreement. (10) Statement certifying that student has read and understands all terms of the enrollment agreement. (11) Signature lines for school official and student. (v)The school shall publish a catalog or bulletin which is certified by an authorized official of the school as being current, true, and correct in content and policy. The catalog shall include the following information: (1) School name, location address, phone number. (2) Volume number and date of publication. (3) Ownership structure, including type of legal entity and names of owners, Board of Directors members, or academic officers at public institutions. (4) Names and titles of all instructional and key administrative staff. (5) Statement of school mission, philosophy, and educational program objectives. (6) School history and identification of all licenses, approvals or accreditations which the school maintains. (7) Definition of measurement of program, whether in clock hours or credit hours. (8) Detailed course descriptions, including number of hours for each course. (9) Graduation requirements, including type of credential issued upon graduation. PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1234 (10) Requirements for licensure, certification or registration of therapists in the state, province, or country in which the school operates. (11) Standards for admission and description of the school’s admissions process. (12) School calendar, including beginning and ending dates of all programs, all holidays and days off. (13) Length of time required for completion of the program. (14) Program tuition and all associated costs, including textbooks, supplies, and other expenses. (15) Refund policy. (16) Description of facilities and learning resources. (17) Student services. (18) Academic policies, including the following: (A) Grading system; (B) Standards of satisfactory academic progress; (C) Description of disciplinary procedures, including conditions for probation, suspension, dismissal or expulsion, conditions of reentrance for students dismissed for unsatisfactory academic progress; (D) Transfer of credit from other institutions; (E) Attendance requirements, make -up work, tardiness, leave of absence; (F) Standards of conduct, including a sexual harassment policy; and (G) Complaint policy, process for complaint resolution, name and address of the school regulatory agency for filing complaints when institutional process does not bring resolution. (w) Notification of changes. An approved school shall notify the Board in writing within thirty (30) days of any changes in administration, facilities, instructional staff, curriculum, or other changes that may effect the programs offered. (x) Board approval not transferable. (1) In the event of the change of ownership of a school, the approval already granted to the original owner or operator thereof shall not be transferable to the new ownership or operators. Provided, however, the Board may issue temporary operating approval for a period of ninety (90) days to a school upon its change of ownership if the school held a valid, current approval approval prior to the change, and if the Board finds that the school is likely to qualify after the change of ownership for approval under this Section. (2) For the purposes of this Paragraph, “change of ownership” is defined as, but not limited to the following situations: (A) Sale of the school; (B) Transfer of controlling interest of stock of the school or its parent corporation; (C) Merger of two or more schools; (D) Transfer of controlling interest of stock to parent corporation; (E) Transfer of assets or liabilities of school to parent corporation or owners; or (F) Change from profit to non-profit status. (y) Initial application for Board approval. The school shall submit an application for approval on a form provided by the Board, which shall be accompanied by the following: (1) A certified check for the application fee set forth in Rule .0606 herein, made payable to the Board. (2) Completed personnel qualification forms on the school director, administrative staff, instructors, and teaching assistants, with photocopies of academic transcripts, degrees, diplomas, and professional licenses and certifications for each person. (3) Job descriptions for school director, administrative staff, instructors, and teaching assistants. (4) Examples of contracts for administrative and instructional staff. (5) Detail of ownership structure of the school, and organizational chart. (6) Facility plan, including detailed floor plans with dimensions and fixtures, uses of each room, specifications on lighting, ventilation, and temperature control. (7) Equipment list, including furniture, office equipment, and instructional equipment for classroom. (8) Copy of deed if school owns its facility, or copy of lease if school does not own its facility. (9) Copies of reports from city or county inspections for fire, safety, health, and sanitation, made within the three months prior to submission of application for approval. (10) Statement of Financial Affirmation; copies of the school’s financial statements for the previous fis cal year; letter from a Certified Public Accountant affirming that the school is in compliance with the requirements of Paragraph (h), herein. (11) Copy of the application for admission which is submitted by prospective students; copies of materials used to document the admission process with applicants. (12) Copies of the forms used for documentation of attendance, missed class make-up work, student academic progress, grades earned, notification of unsatisfactory progress and notification of disciplinary action. PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1235 (13) Copy of the educational credential granted to students who complete the program; example of transcript issued by the school. (14) Core Program Requirements Form; copies of course curricula; copies of course syllabi; one example lesson plan for each course; school calendar for the current academic year. (15) List of student to instructor ratios for each course offered. (16) List of learning resources provided by the school, including numbers of books, periodicals, and other informational materials in the school library. If the school has no library, include copy of the agreement for use of another facility, with its list of resources. (17) Copies of all advertisements and promotional materials from the previous year, including website addresses and tapes of broadcast advertisements. (18) Copy of the Student Enrollment Agreement issued by the school. (19) Catalog Certification Form; copy of the current school catalog or bulletin, with accompanying student handbook (if applicable). (20) As applicable, copy of state license or approval to operate school, or citation of statutory exemption; copy of certificate of accreditation (if applicable). (z) Application for Board approval of additional programs. An approved school shall submit an application for approval of an additional program on a form provided by the Board, which shall be accompanied by the following: (1) A certified check for the application fee set forth in Rule .0606 herein, made payable to the Board. (2) Core Program Requirements Form; copies of course curricula; copies of course syllabi; one example lesson plan for each course; school calendar for the current academic year. (3) List of student to instructor ratios for each course offered. (4) Copy of the educational credential granted to students who complete the program; example of transcript issued by the school. (5) Copy of the school catalog or bulletin which describes the additional program. (6) Complete documentation of any other requirement set forth in Paragraph (y), herein, which is different than what the school documented in its initial application for approval, or what has been documented in its most recent application for renewal of approval. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0603 DOCUMENTATION OF SUCCESSFUL COMPLETION (a) In order to be acknowledged as having successfully completed a course of study as required by G.S. 90-629(4), an applicant for licensure must submit an official transcript to the Board’s administrative office. (b) Such transcript must document to the satisfaction of the Board that the applicant has completed all requirements in a course of study which that meets the minimum curriculum standards set forth in this section, Section, and shall indicate the following: (1) Passing grades in all courses; (2) Dates of attendance; (3) Date of graduation or successful completion of the entire program; and (4) Total number of supervised classroom hours of instruction. instruction; and (5) Credential awarded, whether a certificate, diploma, or degree. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0604 APPROVAL DESIGNATION (a) A school which that is approved by the Board may utilize the designation, “Approved by the North Carolina Board of Massage and Bodywork Therapy,” or “N.C. Board Approved.” An approved school may utilize this designation only to promote a program in massage and bodywork therapy, and shall not utilize this designation to promote any other program. (b) A school which that is in the application process for approval, and which that has not been granted approval by the Board, shall not publish or promote the fact that it has applied for such approval, and shall not utilize terms such as “approval pending.” Authority G.S. 90-626(9); 90-631; 21 NCAC 30 .0605 VERIFICATION OF COMPLIANCE In order to verify that a school is in compliance with the standards for approval set forth in this Section, the Board may inspect a school during the application process, or at any time after approval has been granted. Such inspection may include the school's physical facilities, equipment, learning materials, class observation and records. Such inspection may also include interviews with members of the school's administrative staff, instructional staff, or student body. The Board may also interview or survey graduates of the school, or employers of the school's graduates. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0607 DISCIPLINARY SANCTIONS; REPORTING REQUIREMENTS (a) The Board may utilize disciplinary sanctions for schools set forth in Rule .0905(b) of this Chapter if the applicant for approval, or holder of such approval: (1) fails to maintain, at any time, the requirements for approval set forth in this Section; (2) fails to require its students to complete the minimum standards in order to graduate; (3) submits documents to the Board that contain false or misleading information; (4) fails to allow authorized representatives of the Board to conduct inspections of the school, or PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1236 refuses to make available to them at any time full information pertaining to the requirements for approval set forth in this Section; (5) violates any statute or rule required for licensure or approval of that school by its educational licensing authority; or (6) violates any applicable rule of this Section. (b) An approved school that is accredited by an agency recognized by the United States Department of Education (USDE) shall notify the Board in writing within 30 days of any notification it receives from its accrediting agency or the USDE Office of Postsecondary Education of a show cause action, probation action, or denial of accreditation. (c) An approved school outside the State shall notify the Board in writing within 30 days of any notification it receives from its state, provincial, territorial or national licensing or approval authority of non-compliance with its regulatory standards, or disciplinary actions. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0608 AUTHORITY TO OPERATE (a) A proprietary school shall provide documentation to the Board that it is licensed or approved by the regulatory authority for schools of massage and bodywork therapy in the state or territory in which it operates, or is exempt by statute. (b) A regionally accredited post-secondary institution within the State that offers a certificate, diploma, or degree program in the field of massage and bodywork therapy shall have approval to conduct such program from the State Board of Community Colleges or the University of North Carolina. (c) A regionally accredited post-secondary institution outside North Carolina that offers a certificate, diploma, or degree program in the field of massage and bodywork therapy shall have approval from the regulatory authority in the state or territory in which it operates. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0609 PROGRAM DIRECTOR, ADMINISTRATIVE STAFF AND QUALIFICATIONS (a) One person shall be designated as the program director. This person may be titled as director, or in the case of programs at post-secondary institutions, department chair or program coordinator. The director is the person directly responsible for all facets of the program’s operation, including: curriculum, methods of instruction, employment, training and evaluation of administrative and instructional staff, maintenance of proper administrative records, financial management, recruitment of students, and maintenance of school plant and equipment. The program director or department chair shall have the following qualifications: (1) be a graduate of a regionally accredited college or university and hold a baccalaureate degree or have at least five years of professional experience in the field of massage and bodywork therapy; and have at least two years experience as a lead instructor in one or more of the core curriculum courses that are presented in the school’s curriculum or have at least two years experience in education administration; or (2) possess qualifications that are equivalent to the requirements prescribed in Subparagraph (1) of Paragraph (a) of this Rule that may be approved individually by the Board. (b) If the program director does not have experience in either the professional practice of massage and bodywork therapy, or massage and bodywork therapy education, the school shall have a director of education on staff to manage the areas of curriculum and lesson plan development, instructional methods, and training and evaluation of instructional staff. The director of education shall have the following qualifications: (1) be a graduate of a regionally accredited college or university and have at least five years of professional experience in the field of massage and bodywork therapy; or (2) have at least two years experience as a lead instructor in one or more of the school's core curriculum courses, or have at least two years experience in massage therapy education administration or teacher training. (c) Other key administrative staff members who oversee or direct such areas as operations, admissions, financial aid, or student services shall have the following qualifications: (1) be a high school graduate or its equivalent; and (2) have at least one year of professional experience in their area of their job responsibility, or have received training from the school sufficient to perform their defined job responsibilities. (d) The school shall have administrative staff to support the number of students enrolled. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0610 INSTRUCTIONAL STAFF QUALIFICATIONS (a) The requirements in this Rule are intended to assure that instructors, as defined in Rule .0602(3) of this Section, are competent in the fundamental knowledge and methodology of teaching, and possess a professional level of skills, knowledge and practical experience in every subject they teach in the program. (b) Instructors shall be trained in teaching methods, that shall include: (1) presentation skills; (2) development and implementation of lesson plans; (3) dynamics of the teacher/student relationship; (4) management of the classroom environment; (5) evaluation of student performance; (6) instructional strategies for the adult learner; (7) accommodations for students with special needs; and (8) knowledge of the school’s administrative policies and procedures. (c) Instructors shall be trained in the subject taught, and shall have: (1) at least two years of professional experience in the subject area; and PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1237 (2) have received certification in the subject area if such certification is available. (d) Instructors shall have one of the following professional credentials: (1) be licensed under the Practice Act for at least two years; or (2) have a baccalaureate degree from a regionally accredited post-secondary institution and have at least 12 semester credit hours of academic course work in the subject area they teach from such institution; or (3) be a licensed physician, dentist, chiropractor, osteopath, registered nurse, physical therapist, occupational therapist, or acupuncturist; or (4) for schools and instructors outside the State, hold a state license or certification in massage and bodywork therapy for at least two years; if no such credential is available, hold a valid certification from a certifying agency that is approved by the National Commission of Certifying Agencies for at least two years. (e) Teaching assistants, as defined in Rule .0602(4) of this Section, shall have the following qualifications: (1) assistants in courses related to the theory and practice of massage and bodywork therapy shall be licensed under the Practice Act, and shall have training in the subject area of the course. (2) assistants in courses other than the theory and practice of massage and bodywork therapy shall have training in the subject area of the course, in addition to one of the following qualifications: (A) be licensed under the Practice Act; or (B) have at least one year of professional experience in the subject area; or (C) have at least six semester credit hours of academic course work in the subject area from a regionally accredited post-secondary institution. (f) The school shall observe, evaluate, and document the performance of every instructional staff member at least once in each course taught to assure that competency in teaching methods and subject area is maintained. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0611 APPROVAL PROCESS FOR KEY ADMINISTRATIVE AND INSTRUCTIONAL STAFF (a) Key administrative staff, instructors and teaching assistants, as defined in Rule .0602 of this Section, must be approved by the Board before performing their job functions at a Board-approved school. (b) The school shall submit an application for each key administrative staff member, instructor, and teaching assistant on a form provided by the Board, which shall be accompanied by the following documentation: (1) copies of all academic diplomas or degrees; (2) official school transcripts from all post-secondary institutions; (3) copies of occupational licenses and certifications; (4) a record of work experience in the field; and (5) a record of training in teaching methods. (c) In all cases, the burden of proof shall be on the school to demonstrate that each key administrative staff member meets the qualifications set forth in Rule .0609 of this Section, and that each instructor and teaching assistant meets the qualifications set forth in Rule .0610 of this Section. (d) The requirements of this Rule shall not apply to guest instructors who provide no more than three hours of instruction in a program. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0612 MANAGEMENT OF STAFF (a) The school shall have written job descriptions with performance standards for each administrative and instructional position on its staff. (b) The school shall execute a written employment agreement or contract with each staff member, whether such staff member works in a full-time or part-time capacity, or is an employee or an independent contractor. (c) The school shall conduct and document an annual performance review for each staff member. (d) The school shall maintain a file for all staff members, that shall contain their original application for Board approval with all accompanying documentation, current employment agreement or contract, and annual performance reviews. The school shall keep each file current, with copies of their most recent occupational licenses, certifications, documentation of continuing education, and academic transcripts. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0613 SCHOOL PLANT AND EQUIPMENT (a) The school plant, premises, and facilities shall be safe and sanitary and shall be in compliance with the statutory provisions and the rules and regulations of all local ordinances pertaining to fire, safety, health, and sanitation. Classrooms shall have sufficient lighting, ventilation, and temperature control to provide a comfortable learning environment for students. (b) The equipment, supplies, and instructional materials of the school shall be adequate in type, quality, and amount for each course offered by the school. These shall also meet all requirements of statutory provisions, and rules and regulations of all local ordinances pertaining to fire, safety, health, and sanitation. (c) The school shall have an annual inspection from the city or county agencies that determine compliance with requirements for fire, safety, health, and sanitation in its jurisdiction. (d) For classes conducted in the practice of massage and bodywork therapy, the school shall provide at least 70 square feet of classroom space per treatment table, exclusive of fixed items in the classroom. There shall be one therapy treatment table, adjustable in height, for every two students in such classes. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0614 FINANCIAL MANAGEMENT PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1238 SYSTEMS AND ECONOMIC STABILITY (a) The school shall maintain a sound financial structure, with resources sufficient for its ongoing operations and the discharge of its obligations to the students and staff. To demonstrate this, the school shall: (1) maintain financial management systems that assure reliability, accountability and effective use of financial resources, that provide accurate information for assessing the financial condition of the institution, and that assure the accuracy and security of records; and (2) provide annually a review or audit, prepared in accordance with Generally Accepted Accounting Principles by an independent certified public accountant. This annual financial statement shall demonstrate that the current assets of the school exceed the current liabilities, and that there was a positive net working capital for the prior year. If the school does not meet the above requirements, the Board shall require a financial improvement plan, teach-out plan, or form of surety guaranteeing that the resources are sufficient to protect the current students. If the Board determines that the school does not have sufficient resources, it may take disciplinary actions pursuant to Rule .0905(b) of this Chapter up to and including revocation of approval. (b) The Board may request a credit report on a school. (c) The school shall maintain professional liability insurance to guarantee the fiscal viability of the school in the case of a claim of malpractice related to massage and bodywork therapy performed as a part of the school's instructional program. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0615 STUDENT RECRUITMENT In its recruitment of students, an approved school shall: (1) not use employment agencies to recruit prospective students, or place advertisements in help-wanted sections of classified advertisements, or otherwise lead prospective students to believe they are responding to a job opportunity. (2) ensure that its recruiting agents and other personnel do not make false or misleading statements about the institution, its personnel, its programs, its services, its approval status, its accreditation, or any other pertinent information. (3) inform each student accurately about financial assistance and obligations for repayment of loans. (4) not make explicit or implicit promises of employment or salary expectations to prospective students. (5) not permit the payment of cash or other nonmonetary incentives to any student or prospective student as an inducement to enroll; nor shall it use the word "free" or its synonyms in reference to any equipment, tuition, books, or other items in conjunction with recruiting or advertising; and (6) adhere to ethical practices in all aspects of the recruiting process, ensuring that its personnel do not discredit other institutions by falsely imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or similar negative characteristics; making other false representations; or by disparaging the character, nature, quality, value or scope of their program of instruction or services; or by demeaning their students. The school shall also ensure that its personnel do not knowingly influence any student to leave another institution or encourage a student to change plans after signing an enrollment application and paying a registration fee to another institution. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0616 ADMISSIONS (a) The school shall maintain admission policies and procedures that are fully disclosed and administered consistently. (b) The school shall regularly conduct an orientation session for persons who have applied for admission, or who are considering application for admission. Such orientation shall include an overview of the program's educational objectives and curriculum, the academic and physical requirements of the program, existing employment opportunities in the field, the time and financial requirements of the program, and state requirements for licensure. (c) Admissions standards shall be designed to ensure that only those applicants are admitted who have the cognitive, motor and behavioral skills and moral character necessary to successfully complete the program and to practice massage and bodywork therapy in a safe and effective manner. (d) The school shall conduct a pre-enrollment interview with each applicant to determine their qualifications. The information gathered from this interview shall be evaluated with all written documentation submitted by the applicant before the school renders a decision on their application. (e) The school shall maintain written documentation of the basis for admission of the student. Such records shall include copies of high school diploma or transcripts, proof of age, and other specific admission requirements of the school. (f) Documentation shall be maintained, for at least three years, of the reasons for the denial of admission of any student. (g) A school may enroll students in individual courses not leading to a credential. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0617 TUITION, REFUNDS AND FINANCIAL AID (a) The school shall fully and clearly disclose tuition and all related program costs to prospective students. PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1239 (b) Tuition policies shall be published in the school catalog or bulletin. Such policies shall address adjustment of charges in the case of: (1) cancellation of enrollment within 72 hours of signing a student enrollment agreement; (2) student withdrawal before the program start date; (3) student withdrawal after the program start date; (4) student dismissal; and (5) cancellation of program by the school. (c) All students who enroll in the same program shall be charged the same amount for tuition. This does not preclude the school from raising tuition, from granting scholarships, from granting cash discounts to students for advance payment of tuition, or in the case of public institutions, from charging differential rates to residents and non-residents. (d) The school shall maintain a refund policy as follows: (1) Proprietary schools shall base refunds on a percentage of the program actually completed by the student. Such policy shall grant refunds at least up to and including the 25% point of the program. Refunds shall be calculated from the last date of attendance and made within 30 days of the date of withdrawal or dismissal; and (2) Programs offered by post-secondary colleges or universities shall follow the refund policy set forth by the applicable governing body or regulatory agency. (e) The school catalog or bulletin shall accurately describe any financial aid programs in which the school participates, and shall distinguis h in meaning between the terms "scholarship," "grant," "loan," and "financial aid." Schools that administer Title IV funds shall also include in its catalog and all advertising an eligibility phrase such as, "Financial aid available for those who qualify." Schools that do not administer Title IV funds shall not use the term "financial aid." Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0618 PROGRAM REQUIREMENTS Pursuant to G.S. 90-631(1), programs shall meet the following requirements: (1) The school shall develop and adhere to a set of educational objectives that describe the intended skills, knowledge, and attitudes that the program is designed to develop in the student by the completion of such program; (2) The program shall have a core curriculum of at least 500 classroom hours of supervised instruction. Such core curriculum shall contain the following hours of specific course work that are consistent with the school's mission and educational objectives: (a) 200 hours in the fundamental theory and practice of massage and bodywork therapy that is designed to produce comprehensive entry-level skills in the application of direct manipulation to the soft tissues of the human body, and is based in therapeutic methods consistent with the definition set forth in G.S. 90- 622(3) such as swedish massage, acupressure, shiatsu, deep muscle massage, trigger point therapy, and connective tissue bodywork. Of the 200 hours in this category, at least 100 hours shall be in the application of hands-on methods; the balance of such hours shall include client assessment skills, indications and contraindications for treatment, body mechanics, draping procedures, standard practices for hygiene and control of infectious diseases, and the history of massage and bodywork therapy; (b) 100 hours in anatomy and physiology related to the practice of massage and bodywork therapy, that shall include the structure and function of the human body and common pathologies; (c) 15 hours in professional ethics, and North Carolina laws and rules for the practice of massage and bodywork therapy; (d) 15 hours in business management practices related to the practice of massage and bodywork therapy; (e) 20 hours in psychology related to the practice of massage and bodywork therapy, including dynamics of the client/therapist relationship, professional communication skills, the mind-body connection, and boundary functions; and (f) 150 hours in other courses related to the practice of massage and bodywork therapy; such courses may include additional hands-on techniques, specific applications, adjunctive modalities, in-depth anatomy and physiology, kinesiology, psychology, movement education, or supervised clinical practice. First Aid or CPR shall not be included in this category. Techniques that are considered exempt from licensure pursuant to G.S. 90-624(6) or (7), and that are further defined by Rule .0203(a), herein, shall not be included in this category. (3) For programs that include a student clinic or fieldwork experiential component, such hours shall not exceed 100 hours of the minimum requirement set forth in Paragraph (2)(f) of this Rule, All such work shall be directly supervised and evaluated by an instructional staff member; PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1240 (4) For programs that include an externship component, such hours shall not be included in the requirements set forth in Paragraph (2) of this Rule, and shall not comprise more than 20% of the total program hours. All such work shall be supervised by a person at the externship site who is acceptable to the school, and shall be monitored and evaluated by the school. (5) Programs shall consist of a series of courses that are organized in a logical sequence, and that are consistent with the educational objectives. Sequential organization means that within a course, each class prepares students for the next class; overall, each course gives students the skills and knowledge necessary for the next course. Material is not presented unless students have the necessary skills and knowledge to utilize that material safely and effectively; (6) Course titles shall match the content of the course; published course descriptions shall accurately reflect the specific learning objectives of each course; sufficient hours are allotted to each course to allow students to gain competence in the subject areas covered; (7) A course curriculum is developed for each course, that shows the basic content of each individual class in the course, in the sequence presented; (8) Course requirements and competencies are consistent from instructor to instructor. Teaching materials, including detailed lesson plans, are developed and maintained for each course to ensure such consistency. Teaching methods are appropriate to course content, and to diverse learning styles; (9) Programs shall be at least 24 weeks in length, with no more than 9 instructional hours in one day. There shall be no more than 2 hours of instruction without a break. There shall be no more than 4 hours of instruction without a meal break; (10) For a student to receive credit in a course, the school shall require students to attend no less than 75% of the instructional hours, and to make up all missed instructional hours according to the procedures established by the school; (11) A syllabus shall be developed for each course, and provided to students prior to the beginning of instruction. The syllabus shall include the following elements: course title, course description, learning objectives, teaching methodologies, total number of instructional hours, meeting dates and class times, assignments, textbooks, evaluation methods, quiz and examination dates, and performance standards; (12) For post-secondary institutions, courses that fulfill the requirements set forth in Paragraph (2) of this Rule shall support the program in massage and bodywork therapy. Courses in addition to these requirements may include courses from other departments or programs that are relevant to the practice of massage and bodywork therapy; and (13) For classes that involve hands-on practice, the student to instructor ratio shall not exceed 16 to 1. Both instructors and teaching assistants, as defined in Rule .0602 of this Section, shall be considered in calculating these ratios. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0619 STUDENT RECORDS AND ACADEMIC PROGRESS (a) The school shall maintain current, complete, and accurate records on each student. Such records shall show attendance, academic progress, grades, date entered, dates attended, courses studied, program completed, and date of graduation. (b) Records shall be maintained in perpetuity, shall be stored in such a manner as to ensure their confidentiality, and shall be safe from theft, fire, or other possible loss. (c) Students and graduates shall be allowed access to their records. Transcripts shall be released upon written request from students and graduates. (d) All school policies, including those relating to satisfactory attendance, academic progress, and conduct shall be enforced by the school. Students shall be notified when completion standards are not being met. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0620 EDUCATIONAL CREDENTIAL ISSUED; GRADUATES' PASS RATE ON NATIONAL EXAMINATIONS (a) Upon completion of the program, the student shall be given a certificate, diploma, or degree stating that the educational requirements have been met and the program has been successfully completed. (b) Such credentials are only granted to students who have completed the entire program for which the student enrolled. (c) The school shall authorize agencies that conduct national certification examinations that are accepted by the Board as meeting the requirement of G.S. 90-629(5) to report directly to the Board the pass rate of the school's graduates on such examinations. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0621 LEARNING RESOURCES The school shall provide sufficient learning resources to students and instructional staff to support the educational objectives of the program as follows: (1) The school shall maintain a library or resource center that contains books, periodicals, and other informational materials in the field of massage and bodywork therapy. As an alternative, the school may have a contractual agreement with another facility to provide access to such resources; and PROPOSED RULES 18:15 NORTH CAROLINA REGISTER February 2, 2004 1241 (2) All other resources, such as charts, models, or videotapes, shall be maintained in good condition. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0622 STANDARDS OF PROFESSIONAL BEHAVIOR (a) The following standards of professional behavior shall apply to instructional staff, administrative staff and students: (1) Conduct shall be in accordance with Standards of Practice set forth in Section .0500 of this Chapter. (2) Nudity is not permitted where massage and bodywork therapy is taught or practiced. For the purpose of this section, "nudity" is defined as exposure of the genital or anal area for men or women, or the breast area for women. The only exception shall be for treatment to the breast area while utilizing therapeutic techniques; and (3) The school shall provide a private area where persons receiving therapeutic treatments may dress or undress, whether for in-class practice or treatments performed in a student clinic. As an alternative, the school may provide instruction to persons receiving therapeutic treatments in the procedure of undressing while on the treatment table under a full sheet covering. (b) The requirements of this Rule shall apply to all school facilities, as well as any other location where staff or students are demonstrating or delivering therapeutic treatments as a part of course requirements. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0623 SCHOOL COMPLAINT POLICY The school shall administer an internal complaint policy for students and staff, and shall maintain a complaints file that provides the following information: (1) Person(s) filing complaint and date filed; (2) Nature of complaint and person(s) involved; (3) Response(s) to complaint by school; and (4) Resolution of complaint. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0624 STUDENT COMPENSATION PROHIBITED A student enrolled in a Board-approved school shall not receive a fee or other consideration for the massage and bodywork therapy they perform while completing clinical requirements for graduation, whether or not the school charges a fee for services provided in a student clinic. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0625 TRANSFER OF CREDIT; ADVANCED PLACEMENT (a) A school shall not grant transfer credit from another institution unless the following standards are met: (1) The school from where credit is being transferred shall be licensed or approved by the educational licensing authority in the state in which it operates, or be exempt by statute; (2) The school from where credit is being transferred shall provide an official transcript; (3) Courses for which credit is granted shall be parallel in content and intensity to the courses presently offered by the school; and (4) Documentation of previous training shall be included in each student's permanent file. (b) A school may only grant advanced placement to a student, or exempt the student from curriculum requirements, based on the student's performance on an examination that the school administers to determine competency in that subject area. Such advanced placement or exemption shall not exceed 35% of the total number of hours in the program. Authority G.S. 90-626(9); 90-631. 21 NCAC 30 .0626 ETHICAL REQUIREMENTS IN ADVERTISING The following requirements pertain to all advertising and promotional activities conducted by, or on behalf of the school, including such medi |
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